McNear v. Petroleum Export Corp.

This is an appeal from a judgment of non-suit granted on the motion of defendant made at the close of the plaintiff’s opening statement to the jury.

The plaintiff brought the action to recover the sum of $68,637.60 as damages for breach of an alleged contract to sell two cargoes, or some six million gallons, of gasoline. The action came on for trial before a jury, and during his opening statement plaintiff’s counsel read the following two documents to the jury:

“October 14th, 1925.

“As broker I confirm the sale of the following goods at the price and terms mentioned below.

“This is subject to…