West Coast Fruit Co. v. Hackney

Per Curiam :

— On March 1, 1925, the plaintiff in error brought suit against the defendant in error for breach of contract. The issues were made up and a trial had December 17,1926. During the course of that trial and before the jury retired, the plaintiff elected to take a non suit'. The right to take such non suit was denied by the trial judge who directed a verdict for the defendant, and later entered final judgment thereon against the plaintiff. On August 1, 1929, the judgment rendered was reversed on writ of error taken to the Supreme Court. The ground of reversal was that plaintiff was…