Felder v. Reeth

WILBUR, Circuit Judge.

This is a second appeal of the case at bar. The facts are stated in our former opinion, 34 F. (2d) 744. The judgment was reversed because the counterclaim, which was based upon the election to recover on an implied contract resulting from the conversion of certain hydraulic mining-machinery, did not allege the value of the property converted. Upon remanding the case to the trial court, it was suggested that this error be remedied by an amendment of the counterclaim to allege such value. Instead, the counterclaim was amended by withdrawing the allegations wherein the…