Gouzoulas v. F. W. Stock & Sons

These two. actions were tried together. The first was brought by John Gouzoulas against F. W. Stock and Sons, a corporation, hereinafter called the defendant, to recover dam*538ages for the non-delivery of flour. The second was against Gouzoulas to recover damages for his failure to accept and pay for the flour. In each case he had a verdict. He will be hereafter referred to as the plaintiff.

1. The defendant duly claimed a jury trial. Before the jury was impanelled, the defendant, in writing, waived this claim, and moved to have the cases heard by the judge.* The motion was opposed by the…