Luikart v. Farmers' Lumber Co.

McDERMOTT, Circuit Judge.

This is an appeal from an order sustaining a motion to dismiss an amended bill of complaint, the object of which is to annul andi vacate a judgment of the state court of Wyoming. In the amended bill it is alleged that:

Appellant was sued in the state courts of Wyoming upon a conditional stock subscription. His defense was a breach of the condition. He expected to maintain that defense by the testimony of one Jesse E. Keith, who had told appellant’s counsel, before trial, that the condition had been breached. At the trial, Keith testified otherwise, to the surprise,…