Morris v. Prefabrication Engineering Co.

SIBLEY, Circuit Judge.

The appellant, a citizen of Florida, was sued by appellees, citizens of Oregon, who alleged appellant had accepted about May 24, 1943, an order for “wedge bolts” to be shipped not later than June 19, that a prepayment of $4,000 was made on the purchase price, that no wedge bolts were shipped by June 10 or soon thereafter, and ap-pellees cancelled the order and demanded return of the $4,000, for which sum the suit was brought. The answer denied everything except the citizenship of the plaintiff which was neither admitted nor denied. The case was tried by the judge without…