Washburn v. Moorman Mfg. Co.
WASHBURN Et Al. v. MOORMAN MFG. CO.
- Proceeding
- district
- Area
- civil
- Panel
- Neterer (author)
Analysis
The court considered a defendant's motion to dismiss an amended complaint alleging an implied contract for the use of a steer's name and photograph. The court granted the motion, finding the complaint failed to state facts supporting the claim, but allowed the plaintiff ten days to amend.
| What the court decided | The model |
|---|---|
Motion to dismiss granted“The motion to dismiss is sustained.” | agree with court The court correctly applied the pleading standards of the Federal Rules of Civil Procedure (specifically Rule 8) which require a short and plain statement of the claim showing entitlement to relief. The order notes that the complaint merely stated a conclusion of 'implied contract' without stating the underlying facts that would support such a legal conclusion. Under the law, a complaint must plead facts, not just legal conclusions, to survive a motion to dismiss for failure to state a claim. The court's decision to allow time to amend is consistent with the liberal amendment policies of the Federal Rules. |
The order itself: sound — The order is sound. It correctly identifies the deficiency in the complaint (failure to state facts supporting the implied contract claim) and applies the correct procedural rule (Rule 8). It also correctly notes that the forms in the rules are illustrative, not mandatory templates. The remedy (allowing time to amend) is appropriate.
Opinion — Neterer
NETERER, District Judge.
An amended complaint alleging jurisdictional facts, and the relation of the parties, states “that defendant became indebted to plaintiff upon an implied contract for the exclusive use of the photograph and name of plaintiff’s steer ‘Big Jim’, in the advertising of defendant’s animal food and products, in the sum of fifty thousand ($50,-000.00) dollars, the reasonable value thereof, all of which is due and unpaid.”
The defendant moves to dismiss, not sufficient facts being stated. Plaintiff contends the complaint is sufficient under Federal Rules'of Civil Procedure, 28 U.S.C.A. following section 723c; and calls attention to forms given, which he claims in effect to have copied.
These forms are merely to indicate the simplicity and brevity of statement which the rules contemplate. See Rule 84. Rule 8 requires that the complaint shall contain (a) (2) “a short and plain statement of the claim showing that the pleader is entitled to relief”, (e) (1). “Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.”
In the instant case no fact is stated to support the conclusion of “implied contract” to pay. When the facts are simply and concisely stated in lucid fashion, and support such conclusion, the parties will be placed upon proof, otherwise the action fails.
The motion to dismiss is sustained. Plaintiff may have 10 days to further plead.