From Casetext: Smarter Legal Research

Cannon Engineering Company v. Merando, Inc.

United States Court of Appeals, District of Columbia Circuit
Dec 5, 1957
250 F.2d 421 (D.C. Cir. 1957)

Opinion

No. 13976.

Argued November 21, 1957.

Decided December 5, 1957.

Appeal from the United States District Court for the District of Columbia; David A. Pine, District Judge.

Mr. Gordon Allison Phillips, Washington, D.C., for appellant.

Mr. Maurice A. Guervitz, Washington, D.C., for appellees.

Before EDGERTON, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.


The amended complaint herein sought damages for breach of contract, for conspiracy, and other relief. The pre-trial judge restricted the issues to an action for breach of contract, and dismissed the complaint as to the two individual defendants who were not parties to the contract said to have been preached. Thereafter, the pre-trial judge denied appellant's motion to amend the pre-trial proceedings.

It was agreed by the parties at the oral argument in this court that the dismissal of the two individual defendants was without prejudice, and that any claim there might be against them could be asserted in a new action.

When the case came on for trial, the trial judge adhered to the ruling of the pre-trial judge; and appellant elected to have his suit for damages for breach of contract dismissed with prejudice.

We find no error affecting substantial rights.

Affirmed.


Summaries of

Cannon Engineering Company v. Merando, Inc.

United States Court of Appeals, District of Columbia Circuit
Dec 5, 1957
250 F.2d 421 (D.C. Cir. 1957)
Case details for

Cannon Engineering Company v. Merando, Inc.

Case Details

Full title:CANNON ENGINEERING COMPANY, a corporation, Appellant, v. MERANDO, Inc., a…

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Dec 5, 1957

Citations

250 F.2d 421 (D.C. Cir. 1957)

Citing Cases

Williams v. Curington

Although Williams asserts her breach of contract claim against Bullseye and Curington, Am. Compl. ¶ 38,…

Manbeck v. Ostrowski

F.R.Civ.P. 16(1). F.R.Civ.P. 16; see Cannon Eng'r Co. v. Merando, Inc., 102 U.S.App.D.C. 96, 250 F.2d 421…