White v. Southern Kraft Corp.

STONE, Circuit Judge.

This is an action by Goodwin White against Southern Kraft Corporation for breach of contract. The contract alleged was for sale and delivery of wood for a five-year term beginning January 1, 1940. Delivery was made and accepted until September 14, 1940, when the company notified White to deliver no more wood. This action resulted. At the close of plaintiff’s evidence, a motion for directed verdict was sustained and from the ensuing judgment plaintiff has appealed.

The sole issue presented here is the sufficiency of the evidence to go to the jury. The trial judge placed his…