California Court of Appeal May 20, 1938, Civ. No. 10652 (Tuck v. Gudnason)

SPENCE, J.

Plaintiff sought damages for alleged breach of contract. Upon the first trial, a judgment of nonsuit was entered in favor of defendant. Said judgment was reversed on appeal. (Tuck v. Gudnason, 11 Cal. App. (2d) 626 [54 Pac. (2d) 88].) Thereafter, a second trial was had before the court sitting without a jury.