SHEPARD, J.
This is an appeal by plaintiff (appellant herein) from a judgment of nonsuit, granted on motion of defendant Robert Lincoln Clark (respondent herein) after appellant's opening statement. (Wherever the term "respondent" is hereinafter used, it will refer to said Robert Lincoln Clark. The other defendants, Bank of America and The Ryan Aeronautical Company, did not participate in the trial or this appeal, simply abiding the decision of the court.)
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