Cool v. International Shoe Co.

• Decision Date: 03 May 1944
• Docket Number: No. 12509.,12509.
• Parties: COOL v. INTERNATIONAL SHOE CO.
• Court: U.S. Court of Appeals — Eighth Circuit

142 F.2d 318 (1944)

COOL v. INTERNATIONAL SHOE CO.

No. 12509.

Circuit Court of Appeals, Eighth Circuit.

May 3, 1944.

Walter Burch, of St. Louis, Mo., for appellant.

Lawrence C. Kingsland, of St. Louis, Mo. (Edmund C. Rogers and Richard O. Rumer, both of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, THOMAS, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

This is an appeal from a judgment dismissing a complaint with prejudice. The motion on which the judgment was granted assigned as grounds: (1) That the complaint failed to state a claim upon which relief could be granted; (2) that it appeared on the face of the complaint that plaintiff was guilty of such laches as barred his right of recovery; and (3) that the cause of action asserted was barred by limitations. The order of the District Court does not show on what ground the complaint was dismissed.

The complaint may be summarized. In 1916 plaintiff was in the employment of the defendant, a manufacturer of shoes in the City of St. Louis, Missouri. There was posted on the wall of plaintiff's place of employment a placard notifying employees that the defendant would compensate any of them for valuable suggestions for improvements in methods of manufacture. Inspired by this placard, the plaintiff offered to devise certain attachments to the machines used in the manufacture of shoes which would greatly reduce the expense of manufacture. This offer was made to responsible officers of defendant. Their response was that, if the plaintiff could produce the attachments at his own expense and risk, the defendant would compensate him for their use if they were as represented, and if defendant accepted them for use in its factories. On the faith of this offer, the plaintiff expended several years in the work necessary to produce the devices. His efforts were successful, and in 1919 he offered the models which he had made to the defendant. They were tried by the defendant, found acceptable, and accepted for use in the manufacture of shoes, with the understanding that plaintiff would be compensated for their use. There was no agreement as to the amount of plaintiff's compensation, nor as to the time at which it should be paid. The appliances devised by the plaintiff were used by the defendant manufacturer in the production of shoes continuously until April 5, 1935, when plaintiff made formal demand for payment. His demand was refused. Suit was filed October 1, 1936.

Between September 1919 and April 1935 plaintiff at various times suggested to the defendant that the amount of his compensation should be determined and that some payment should be made on account of it. On all of these occasions plaintiff was told by responsible officers of the defendant that his claim for compensation was recognized by the company and that it would be met in due course. In 1920 defendant transferred its manufacturing operations in which the devices were used to Paducah, Kentucky. Some trouble arising in that factory in the operation of plaintiff's devices, defendant sent plaintiff to Paducah where he made the necessary adjustments, and gave the necessary instructions to defendant's employees operating the machines on which his devices were placed. The validity of his claim was recognized at that time. In 1926 and again in 1928 and 1929 plaintiff's claim was acknowledged, and he was then assured that the matter of his compensation would be submitted to the company's board of directors for final approval.

In 1921 plaintiff applied for patents on his inventions, his application was granted, and letters patent issued on October 26, 1926, to plaintiff's assignee. Plaintiff alleged, however, that the assignment contained a reservation of his rights to compensation under his agreement with defendant, and in 1933 the patents were duly reassigned to him.

During the use of plaintiff's devices defendant manufactured approximately twenty-five million pairs of shoes, realizing a substantial saving in cost on the average of six cents on each pair of shoes manufactured. The reasonable value of the use of the devices over the period alleged was $1,500,000. Plaintiff asked for an accounting with defendant and for judgment for such sum as might be found to be a fair and reasonable compensation.

Defendant met the complaint with motions to make more specific and certain and to strike. The motions being sustained, the plaintiff filed an amended complaint in substance the same as the first. The motions to strike and for a more definite statement were repeated, and the second amended complaint was filed. Defendant then interposed its motion to dismiss which the court granted, later setting aside its order and allowing plaintiff to plead further. The third and last amended complaint, in substance the same as all of its predecessors, was dismissed by the court with prejudice in response to the motion heretofore stated.

None of the complaints conforms with the Rules of Civil Procedure, 28 U.S. C.A. following section 723c, requiring a short and simple statement of plaintiff's claim. All were long and prolix. All included statements of evidence and repeated time and again the allegations necessary to be made. Defendant's motion for more particular statements, instead of improving the situation, made it worse. Nevertheless, we think the plaintiff stated a claim on which relief could have been granted, and that it was error to dismiss his complaint with prejudice on any of the grounds made in defendant's motion.

Plaintiff was entitled to a liberal construction of his complaint. We have held that on a motion to dismiss for insufficiency...