Detsch & Co. v. American Products Co.

MATHEWS, Circuit Judge.

Appellant, a California corporation, brought an action in a State court of California against appellee, an Ohio corporation, for damages in the sum of $42,168. On petition of appellee, the action was removed to the District Court of the United States for the Northern District of California. There appellant amended its complaint. Appellee answered, praying that the amended complaint be dismissed, and that appellee have judgment against appellant for damages in the sum of $50,000.

Thereafter, on March 26, 1943, appellant gave appellee notice in writing that it would take…