IN THE MATTER OF BLUESTONE

Citator

Cited By

• Nishimatsu Constr. Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200 (5th Cir. 1975)
  …entered into a contract and that they are liable on that contract, is contradicted and controlled by the contract showing that Baize signed only as an agent. See generally, Simmons v. Peavy-Welsh Lumber Co., 5 Cir. 1940, 113 F. 2d 812, cert. denied 311 U.S. 685, 61 S.Ct. 63, 85 [*1207] L.Ed. 442; 2A Moore’s Federal Practice ¶ 10.06 at 2016 (1974). Construction of this contract must begin with the presumption that if an agent signs a contract for a disclosed principal, he does not intend to make himself a…
• Solis-Ramirez v. United States Dep't OF Just., 758 F.2d 1426 (11th Cir. 1985)
  …sidered part of the pleadings for all purposes, including a Rule 12(b)(6) motion. Nishimatsu Construction Co., Ltd. v. Houston Nat. Bank, 515 F. 2d 1200, 1206 (5th Cir.1975); Simmons v. Peavy-Welsh Lumber Co., 113 F. 2d 812 (5th Cir.), cert. denied, 311 U.S. 685, 61 S.Ct. 63, 85 L.Ed. 442 (1940). Accordingly, the district court’s dismissal was not procedurally defective. STATUTORY INTERPRETATION CLAIM Appellant also contends that the dismissal was incorrect because the district court’s interpretation of…
• Hamilton Foundry & Mach. Co. v. Int'l Molders & Foundry Workers Union of N. Am., 193 F.2d 209 (6th Cir. 1951)
  …h a termination date of midnight March 26, 1950, the exhibit contradicted the allegations of the Amended Complaint and was controlling. Rule 10(c), Rules of Civil Procedure; Simmons v. Peavy-Welsh Lumber Co., 5 Cir., 113 F. 2d 812, certiorari denied 311 U.S. 685, 61 S.Ct. 63, 85 L.Ed. 442; American Surety Co. v. Federal Reserve Bank, D.C.Mo., 29 F.Supp. 940; Kessler v. Grasser, 300 Ky. 89, 187 S.W. 2d 1012. After the first witness, appellant’s evidence was to the effect that Exhibit 19, with certain oral mo…