W. D. MacKay v. American Potash & Chemical Co., Inc., a Corporation, and Stauffer Chemical Company, a Corporation

Before us for review is an appeal by plaintiff [appellant] from a summary judgment granted by the district court in favor of defendants [appellees] and entered on April 9, 1958.

Jurisdiction of the district court is based on Title 28 U.S.C., Sections 1332 and 1441. The plaintiff is a citizen and resident of the State of California, and the defendants are corporations incorporated under the laws of the State of Delaware. The amount in controversy is in excess of $3,000, exclusive of interest and costs. The jurisdiction of this Court is derived from Title 28 U.S. C. Section 1291.

The action was instituted in the Superior Court of the State of California, in and for the County of Los Angeles, on or about July 10, 1957. It was properly removed to the district court on August 2, 1957.

The complaint contains three causes of action. In the first cause of action plaintiff alleges “That on or about the fifteenth day of July, 1952, at Los Angeles, California, the plaintiff and the defendants mutually agreed that plaintiff should serve the defendants and each of them in securing natural gas service to the defendants’ plants located in or about Trona, California, and that the plaintiff be…