FRELIN CONSTRUCTION COMPANY v. YUNDT, 417 F.2d 312 (3rd Cir. 1969)

FRELIN CONSTRUCTION COMPANY, a Corporation, and Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company v. George E. YUNDT, Frelin Construction Company, a Corporation, Appellant. FRELIN CONSTRUCTION COMPANY, a Corporation, and Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company v. George E. YUNDT, Charles Weissman and Bernard Weissman, Individually, and as partners t/a Frelin Construction Company, Appellants.

Nos. 17722, 17723.United States Court of Appeals, Third Circuit.Argued September 25, 1969.
Decided November 5, 1969. As Amended December 9, 1969.

Gerald P. Roth, Allentown, Pa., for appellants.

Harold Cramer, Mesirov, Gelman, Jaffe Levin, Philadelphia, Pa. (Henry A. Stein, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT
PER CURIAM.[*]

[*] Although Judge Van Dusen was present during the argument of the above case, he did not take part in its decision.

This appeal has been taken from the dismissal with prejudice of a fourth amended complaint for failure to state a cause of action upon which relief could be granted.

The claim is contractual. We agree with the district court that the appellant failed, after ample opportunity to amend his complaint, adequately to allege facts which would make the appellee either an original party to the contract in suit or a party by reason of ratification of an originally unauthorized undertaking of another on his behalf.

The judgment will be affirmed.

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