GARDNER, Circuit Judge.
Appellant, as plaintiff in the lower court, brought this action to recover $8,698.78, alleging in his complaint that on November 14, 1928, the plaintiff loaned to the defendant W. M. Coats the sum of $8,698.78, which the defendant agreed to pay within a reasonable time. The parties will be referred to as they appeared in the lower court. At the close of all the testimony, the following proceedings occurred:
"Mr Saye: I renew the motion...
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