E. K. Wood Lumber Co. v. Moore Mill & Lumber Co.

STEPHENS, Circuit Judge.

This is an appeal from a judgment of non-suit awarded defendant against plaintiff by the District Court of the United States for the Northern District of California, Southern Division. The case is one for damages alleged to have resulted from a breach of contract. It was commenced in the Superior Court of California and removed to the United States District Court upon petition of appellee. The answer denied each allegation of the complaint except the corporate character of the defendant. No affirmative defense was alleged.

The case was tried to a court and jury, and at…