Low v. Davidson Mfg. Co.

MAJOR, Circuit Judge.

This is an appeal from a decree entered July 13, 1939, dismissing plaintiff’s complaint for want of equity. The action of the court was had at the conclusion of plaintiff’s testimony.

The suit was predicated upon a contract dated February 2, 1923 between the defendant and the plaintiff, and other parties described as investors. A copy of this contract was attached to and made a part of the complaint. The plaintiff sought an accounting, together with discovery, examination and inspection of defendant’s records. Defendant, by its answer, denied liability and alleged that the…