Kirsch v. Barnes

ORR, Circuit Judge.

An original complaint filed in the district court was held not to state a cause of action. An amended complaint was also held defective in that respect.

In this opinion we do not reach a consideration of the trial court’s ruling as to the failure to plead a cause of action for the reason that we find that the action was not seasonably filed.

It is alleged in the amended complaint that prior to October 16, 1952, appellee Barnes acted in a confidential capacity in representing appellant in arranging sales of standing timber belonging to appellant and located in California; that…