Culley v. Willard

BYERS, District Judge.

This case was called for trial on October 10, 1956, when it was adjourned to November 13, in order to afford the plaintiff an opportunity to examine a missing contract said to contain a waiver, the nature of which will be hereinafter referred to.

On the last mentioned day, the case was called and brief argument was heard following the statement by plaintiff’s counsel that the said contract is not available for production, and therefore the question of whether such a waiver actually existed cannot be the subject of proof.

The plaintiff’s claim for relief as stated in his…