P. W. Brooks & Co. v. North Carolina Public Service Co.

PARKER, Circuit Judge.

This is an appeal in an action at law instituted by P. W. Brooks & Co., a corporation, as plaintiff, against the North Carolina Public Service Company, as defendant, to recover damages on .account of the latter company’s refusal to convert certain mortgage bonds which it had elected to redeem. A jury trial was waived by written stipulation, and the facts were found by the District Judge. Prom a judgment thereon in favor of defendant, plaintiff has appealed.

There is no dispute as to the facts. The bonds in question were issued in the year 1919 by the Piedmont Power &…