Leo A. Seltzer Enterprises, Inc. v. Maryland Casualty Company
This text of 239 F.2d 761 (Leo A. Seltzer Enterprises, Inc. v. Maryland Casualty Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appellant brought this action to recover under a contract of indemnity. The district court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted, in that it failed to allege compliance with the conditions of the contract as to notice and proof of loss, or that compliance with those conditions had been waived. The judgment of dismissal was entered only after the appellant had been given an opportunity to amend the complaint and had failed to do so.
Upon consideration of the record, briefs, and oral argument of counsel, we are of the opinion that the judgment of the district court is correct, and it is accordingly affirmed.
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Cite This Page — Counsel Stack
239 F.2d 761, 1956 U.S. App. LEXIS 4231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leo-a-seltzer-enterprises-inc-v-maryland-casualty-company-ca6-1956.