Washington Sand & Gravel Co. v. Brann & Stuart Co.

McLAUGHLIN, Circuit Judge.

This is a contract action which was dismissed at the end of appellant’s case for failure-of proof as to damages. Appellant’s-motion to set aside the resultant judgment and to allow it a new trial was denied and this appeal followed.

It is a diversity suit. Performance of the contract was in Maryland, which brings the measure of the damages under the law of that state with the specific question of the sufficiency of the evidence, a matter of Pennsylvania law. As said in the leading case of Scudder v. Union National Bank, 91 U.S. 406 at pages 412, 413, 23 L.Ed. 245:…