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Law School Case Brief

Case v. State Farm Mut. Auto. Ins. Co. - 294 F.2d 676 (5th Cir. 1961)


A complaint should not be dismissed if it charges facts upon which a court could possibly grant relief. However, it is not the duty of the trial court or the appellate court to create a claim which appellant has not spelled out in his pleading.


An insurance agent was the agent of three individuals, working under a contract allowing any party to cancel the relationship for any reason. When the clients terminated his contract, he filed an action for wrongful termination of the contract in court. He alleged that, subsequent to his candidacy for county supervisor, the clients began issuing unreasonable directives on how he was to run his insurance agency. Eventually, the clients terminated the contract. The trial court dismissed the suit.


Was the insurance agent wrongfully terminated?




The court held that the insurance agent was not wrongfully terminated. Under their contracts, the clients were within their contractual rights in ending the employment relationship. Although the agent argued the complaint stated an action for wrongful interference with his performance under the contract, court held that action was not within the complaint itself, and the court refused to read the claim into his pleadings considering that he had a right to amend the complaint earlier. Thus, the appellate court held trial court correctly dismissed the case.

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