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TALLER & COOPER v. ILLUMINATING ELECTRIC CO.

No. 9645.

172 F.2d 625 (1949)

TALLER & COOPER v. ILLUMINATING ELECTRIC CO.

United States Court of Appeals Seventh Circuit.

February 19, 1949.

Attorney(s) appearing for the Case

Ralph H. Eiesendrath and Bernard M. Kaplan, both of Chicago, Ill., for appellant.

Leonard M. Cohen, Melvin Cohen, and Milton Silberg, all of Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, KERNER, Circuit Judge, and LINDLEY, District Judge.

KERNER, Circuit Judge.

Plaintiff, a New Jersey corporation, filed its complaint and bill of particulars against defendant to recover damages for alleged breach of a written contract. Defendant moved that the complaint be dismissed on the ground that the complaint did not state a claim upon which relief could be granted. The court concluded that the contract was void because it lacked mutuality, sustained the motion, and entered a judgment for costs against plaintiff...

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