Miles

This is an appeal from an order granting a new trial after a judgment of nonsuit. The action is one for damages for breach of contract. The contract relied upon consisted of a verbal promise made by the vendor of certain bonds that such bonds would be repurchased from the vendee at the original purchase price on demand of the buyer. Three bonds out of a total of eight were in fact repurchased, but the remaining five bonds, of the nominal or par value of $1,000 each, were not repurchased, on demand or at all. At the close of plaintiff’s case defendants moved for a nonsuit. This motion for nonsuit was based upon several grounds, among which it was urged that the evidence did not show any relationship between the defendant Bank of America National Trust and Savings Association and Bankamerica Company and America Investment Company, the actual vendor of the bonds, which could impose liability on the two first-mentioned defendants on any theory. It was further contended that plaintiff’s claim in any event was barred by the statute of limitations (sec. 339, subd. 1, Code Civ. Proc.). After argument on and submission of the motion for nonsuit, the court granted the same. Judgment was…