Tyler

Plaintiff sued for breach of a written contract for the purchases of corporate stock. After a nonjury trial, he recovered judgment. Defendants have appealed; we affirm.

I

We first consider a procedural matter which lies at the heart of the trial court’s jurisdiction.

The action is a simple action for breach of a written contract. It was filed on July 12, 1971. On August 10, 1971, defendants filed their answer. On October 8, 1971, defendants filed a demand for jury trial. That filing was reflected on the register of actions, but, for reasons unexplained and apparently unknown, the original document was lost and has never appeared in the superior court file. On October 20, 1971, plaintiffs filed an “At Issue” memorandum, indicating a one-day trial. On November 11, 1971, the clerk issued his notice of assignment as a nonjury trial on December 30, 1971. On November 12, 1971, pursuant to stipulation, plaintiff filed an amended complaint, to which defendants filed an answer on November 18, 1971. On December 6, 1971, defendants filed a motion to vacate the trial setting and to set the case for trial as a jury trial. That motion was heard on December 14, 1971, in department 1…