Southern Counties Ice Co. v. RKO Radio Pictures, Inc.

JAMES ALGER FEE, District Judge.

This action was brought to recover for the loss of a building by fire. Formal issues were made by the pleadings. Thereafter a pre-trial conference was held and a pre-trial order was drafted by the attorneys and signed by the court. Reference is made in this order to the pleadings, contrary to the proper practice. Therefore, both the pleadings and the order must be taken into consideration. The cause was tried before the court without a jury.

The facts upon which the parties are in agreement will be stated first. Southern Counties Ice Company is a California…