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AIR TRAFFIC & SERVICE CORP. v. FAY

No. 11007.

196 F.2d 40 (1952)

AIR TRAFFIC & SERVICE CORP. v. FAY.

United States Court of Appeals District of Columbia Circuit.

Decided March 27, 1952.

Attorney(s) appearing for the Case

Max Tendler, Washington, D. C., submitted on the brief for appellant.

No appearance for appellee.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This litigation arises from a falling out between the promoters of a new corporation.

On October 20, 1947, Edward A. J. Fay and Max Tendler signed a promoters' agreement looking to the formation of a company to be called Fay Traffic and Service Corporation, which would render services to the transportation industry. One portion of the agreement recited:

"Edward A. J. Fay will contract with the corporation to act as General...

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