Callan v. United States Spruce Production Corp.

DIETRICH, Circuit Judge.

This action was brought by appellant to recover from ap-pellee $53,137.43, under a contract the provisions of which it is unnecessary to explain. Trial by jury was waived, and, after hearing the evidence and the argument of counsel, the court took the case under advisement. Thereafter, on April 2, 1928, it filed a memorandum decision in favor of defendant. On the morning of April 4th counsel for defendant served upon counsel for plaintiff a proposed general finding to be made by the court in harmony with the opinion, at the same time advising, so it is stated in the…