Tuck v. Gudnason

Plaintiff sought damages for alleged breach of contract. Upon the first trial, a judgment of nonsuit was entered in favor of defendant. Said judgment was reversed on appeal. (Tuck v. Gudnason, 11 Cal. App. (2d) 626 [54 Pac. (2d) 88].) Thereafter, a second trial was had before the court sitting without a jury. The trial court made findings in favor of defendant and judgment was entered accordingly. Plaintiff appeals from said judgment.

The pleadings and the evidence most favorable to plaintiff are sufficiently set forth in the opinion on the former appeal. (Tuck v. Gudnason, supra.) Upon the…