Nebraska Aircraft Corp. v. Varney

CARBAND, Circuit Judge.

The Nebraska Aircraft Corporation, hereafter called plaintiff, brought this action against Thomas H. B. Varney, hereafter called defendant, as guarantor of the full performance of a contract dated February 26, 1920, between plaintiff and one Walter T. Varney, for the sale of aeroplanes. Walter T. Varney, being a nonresident of Nebraska, was not served with process, and did not appear in the action, which was for the recovery of damages for the breach of said contract. At the trial a verdict was directed in favor of the defendant. The direction of the verdict is the only…