Both defendants have made motions, of which those of the defendant General Motors Corporation will be considered first.

Said motion is for an order pursuant to Rules 8, 12 and

86 of the Federal Rules of Civil Procedure:

1. Dismissing the action and the amended complaint and each cause of action therein, as to defendant General Motors Corporation, on the ground that they fail to state a claim or claims against defendant upon which relief can be granted as against this defendant, OR, in the alternative,

2. Requiring plaintiff to elect whether he will proceed under the First and Third causes of action in the amended complaint or under the Second cause of action therein, on the ground that the First and Third causes of action are inconsistent with said Second cause of action and striking out the causes of action and allegations in the complaint inconsistent with said election, OR, in the alternative,

3. Requiring plaintiff to make said amended complaint against defendant General Motors Corporation more definite and certain, to indicate whether an alleged guarantee of an alleged agreement of February 7, 1920 is an action against General Motors Corporation upon an agreement that General Motors Corporation has succeeded to all the rights and obligations of the defendant AC Spark Plug Company, and to make more definite and certain the nature of the alleged guarantee and/or assumption agreement and the extent to which plaintiff claims said guarantee and/or assumption agreement extends to General Motors Corporation in relation to said agreement of February 7, 1920, OR, in the alternative,

4. Require plaintiff to separately state and number the causes of action set forth in the four separate causes of action alleged in his complaint, by setting forth as separate causes of action: (a) Alleged guarantee of General Motors Corporation.

ration.

(b) Alleged assumption agreement of General Motors Corpo

(c) Alleged agreement with AC Spark Plug Company, dated February 7, 1920, OR, in the alternative,

5. Striking out the Fourth cause of action on the ground that it is irrelevant, immaterial and redundant, OR, in the alternative,

6. Striking out, as immaterial, irrelevant and redundant, paragraphs of the amended complaint *** which are allegedly repetitious.

Rule 8 (f) of the Federal Rules of Civil Procedure provides

as follows:

(f) Construction of Pleadings.

All

pleadings shall be so construed as to do sub

stantial justice."

With this background, and in the spirit of liberal construction and interpretation in which these New Rules were promulgated, the Court will inquire into the sufficiency of the complaint and the several causes of action therein alleged.

The first cause of action is grounded in contract, and alleges among other things, that on or about July 1, 1919, a contract was entered into, by and between plaintiff and defendant AC Spark Plug Company, or its assignor, whereby plaintiff contracted to sell and said defendant to purchase from plaintiff, a certain patented device or material, in return for which plaintiff was to be paid a certain amount of royalties, dependent upon the amount of sales embodying plaintiff's patent; that this said agreement was later superseded and modified by another agreement in writing between the same parties, on or about February 7, 1920 (both agreements being made a part of the amended complaint); that defendant General Motors Corporation dominated and controlled the policies of, that it knew of, consented to and authorized the contracts above mentioned of, that in October, 1927 it became the owner of all stock of, that in December, 1933 it became the assignee of plaintiff's patent from, that in April, 1937, it "duly assumed and guaranteed the contractual obligations of, the defendant AC Spark Plug Company; that between February 7, 1920 and the commencement of this action, defendants directly and indirectly manufactured and sold spark plugs, etc. embodying plaintiff's alleged patent, alleging damage; that plaintiff has duly performed the said contracts and that defendants have failed and neglected to comply with the terms of said contracts.

I am of the opinion that the First cause of action states

a cause of action in contract.

This and the subsequent motions do not go to the merits of the case; that will be considered and determined at the trial. This Court now, is concerned only with the sufficiency of the pleading. Rule 8 (a) (2) and (3) of the Federal Rules of Civil Procedure provides that the pleading shall contain: