Cohen v. Texas Co.

MOSCOWITZ, District Judge.

During the trial of this action, which was had before court and jury, and at which plaintiff testified at great length, plaintiff asked leave to discontinue the action. The court ruled that any recovery to which the plaintiff might be entitled was limited by paragraph 2 of the first bill of particulars to services performed by the plaintiff on behalf of the defendant in Syria and Palestine subsequent to the making of the alleged contract in suit. Thereupon the plaintiff’s counsel stated that, if this ruling was adhered to, the plaintiff would discontinue the action,,…