WADDILL, Circuit Judge.
This is an appeal from the action of the United States District Court for the Eastern District of North Carolina in entering judgment for only $3,638.25 in appellant's favor, and in dismissing as of nonsuit appellant's claim for $25,448.45.
On December 10, 1927, appellant, Nello L. Teer, instituted an action in the superior court of Durham county, N. C., against the George A. Fuller Company, appellee here, to recover $31,973.58, which...
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