Ford v. C. E. Wilson & Co.

HINCKS, District Judge.

This case is now before the court upon the defendants’ motion under Rule 39 (a) (2), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, objecting to trial by jury and seeking a determination of such issues, if any, as are triable by jury, and a ruling that the non-jury issues shall be tried first.

The first count alleges that the plaintiff and his assignors sold rose bushes to the defendant Wilson Company, completing deliveries as per contract by January 1938; that the aggregate contract price was $16,044.76 payable under the contract on…