Stilwell Frozen Foods, Inc. v. North British & Mercantile Insurance

JOHN E. MILLER, Chief Judge.

This case is before the court upon defendant’s motion to dismiss.

The complaint contains sufficient jurisdictional allegations and the following pertinent paragraphs:

“II.

“In August and September of 1959 plaintiff delivered to Zero Mountain, Inc. at the latter’s place of business near Fayetteville, Arkansas, 97,575 pounds of okra for freezing and storage. It was the duty of Zero Mountain, Inc., under its agreement with plaintiff, that it would freeze and store the okra in accord with accepted trade practices and redeliver the okra to the order of plaintiff upon its…