Oklahoma Gas & Electric Co. v. Bates Expanded Steel Truss Co.

MORRIS, District Judge.

In this action at law to recover damages for alleged breach of contract, the plaintiff, relying upon Ex parte Peterson, 253 U. S. 300, 40 S. Ct. 543, 64 L. Ed. 919, moves for the appointment of an auditor to make a preliminary investigation with respect to certain facts touching the amount of damages occasioned by the alleged breach and to report his findings to the court to the end that the report be presented to the jury as prima facie proof of the matters therein set forth.

The declaration or statement of plaintiff’s case, upon which the motion is based, alleges, in…