BARNS, Justice.
The plaintiff-appellant brought suit upon a performance bond contract ond upon trial plaintiff suffered a nonsuit and thereupon entered his appeal. The nonsuit was provoked by a ruling adverse to the plaintiff and the appeal is based upon the law, as follows:
"59.05 Appeal from order of nonsuit
"When, because of any decision or ruling of the court on the trial of a cause, it becomes necessary for the plaintiff to suffer a nonsuit, he...
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