Propstra v. Dyer (Sugar Trading Corp., Third Party and Fourth-Party Plaintiff)

AUGUSTUS N. HAND, Circuit Judge.

Propstra, a citizen of Washington, brought an action against defendants, citizens of New York, who do business as sugar brokers under the name of B. W. Dyer & Company (Dyer), who impleaded Sugar Trading Corporation and another, for breach of warranty in the sale of a carload of glucose. The District Court granted Dyer’s motion, made during plaintiff’s presentation of his case, to dismiss the action on the merits as to it and dismissed the action without prejudice as to the impleaded defendants, finding that certain correspondence between plaintiff and Dyer set…