D. K. Jeffris Lumber Co. v. Howard Shipyards & Dock Co. (C. C. A. Ind.).. 513 E. Porter Products Co. v. United States (C. C. A. Ill.).. Fischer-Schein Syndicate v. Lee (C. C. A. Ill.) 648 485 Guarantee Finance & Securities Co. v. Voss (C. C. A. Ind.). 115 513 Jeffris Lumber Co. v. Howard Shipyards 648 689 648 Porter Products Co. v. United States (C. EIGHTH CIRCUIT. 506 510 Gallup v. Northern Pac. R. Co. (D. Glavin v. Commonwealth Trust Co. of Gray v. Seattle & R. V. R. Co. (D. C. Halsey v. Ho Ah Keau (C. C. A. Hawaii).. 636 696 21 877 MacLeod & Co. v. United States (D. C. 642 665 736 144 146 41 Murphy Wall Bed Co. v. Rip Van Winkle Wall Bed Co. (D. C. Cal.). 748 809 Oakland Motor Car Co. v. United States (C. C. A. Cal.). 626 178 Pincolini v. United States (C. C. A. Nev.).. 468 Rauer v. Hatfield, two cases (C. C. A. Cal.) 48 Rosenberg, Petition of (D. C. Wash.). Rosenberg, Petition of (D. C. Wash.). Rosenberg Bros. & Co. v. United States Shipping Board Emergency Fleet Corporation (D. C. Cal.). 144 146 372 C. 699 (C. 311 676 530 States Shipping Board Emergency Fleet Corporation (D. C. Or.) 415 Bates v. Oregon-American Lumber Co. (C. C. A. Or.). Taylor V. Nevada Humboldt Tungsten 112 877 462 Beal, The Thomas P. (D. C. Wash.) 877 Boise Title & Trust Co. v. Evans (D. C. Idaho) 223 Buck v. Kuykendall (D. C. Wash.). 197 Butchart v. United States (C. C. A. Or.).. (295 F.) Page Page 978 .1003 931 .1001 .100$ 973 C.) 936 970 Hummer v. Carmalt (App. D. c.). Clifton v. United States (App. D. C.).. 925 950 Dennis v. Darrin (App. D. C.). 234 Vidaver v. Sherman (App. D. C.). 994 Dennis v. Karns (App. D. C.). 234 W. B. Moses & Sons v. Lockwood (App. D. C.). 936 CASES ARGUED AND DETERMINED IN THE UNITED STATES CIRCUIT COURTS OF APPEALS, THE 1. Trial BATES v. OREGON-AMERICAN LUMBER CO. (Circuit Court of Appeals, Ninth Circuit. January 21, 1924.) No. 4063. 89-Evidence in favor of employee's claim for services held sufficient as against motion to strike, made during presentation of plaintiff's case. In an action on an employment contract, testimony of defendant's vice president, who was a director and also general and managing agent and attorney in fact of its Oregon business, in favor of plaintiff's claim, held sufficient to withstand defendant's motion to strike, made in the middle of plaintiff's presentation of evidence. 2. Trial 92-To strike evidence for insufficiency before all of it is in held premature and error. At any stage of a trial to strike evidence for mere insufficiency is not commendable practice, and to strike it before the party aggrieved has concluded his case, and before it is obvious that he cannot supply any deficiency, is premature, and error. 3. Pleading 32-Pleading cannot give severable contract contrary construction. A pleading cannot give to a severable contract a contrary construction. 4. Pleading 64(2),—Items in complaint for services under contract held properly included in single count. Even if all the items of service under a severable employment contract constituted separate causes of action, being of like character, they were properly included in a single count. 5. Pleading 246(2), 399-Failure to prove all items under single count held not fatal variance. Even if plaintiff failed to prove all the items of service under a severable employment contract which were included in a single count of the complaint, there would be no variance fatal to recovery, or invulnerable to amendment, if necessary. 6. Trial 45(1)-General offer of proof held sufficient, where generality due to court's direction. Though ordinarily an offer of proof which includes all the allegations of the complaint is too general, and avails nothing, if denied, where the generality was due to a ruling of the court, and defendant failed to object thereto, it was sufficient, especially where the court had indicated that its mind was made up, and that no proof could be made. For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes 295 F.-1 |