Appling

This is an appeal by the plaintiff from a judgment of nonsuit.

The complaint states a cause of action for damage. At the opening of the trial the court directed the plaintiff to proceed with proof of his title to the claim sued upon. At the close of such evidence the court granted the motion for a nonsuit.

The evidence discloses that The A. Meister Sons Company was, on January 20, 1923, a corporation, engaged in the business of manufacturing rolling stock and equipment for railroads and also machinery of a general character. That on the day mentioned the said corporation proposed to the Minarets and Western Railway Company, a corporation, the defendant herein, that it would manufacture for the defendant two certain type gasoline rail ears for a total consideration of $12,340 each. This offer was accepted January 29, 1923. It was for an alleged violation of this agreement that the plaintiff brought this action. The evidence further disclosed that on June 26, 1924, The A. Meister Sons Company was adjudicated a bankrupt in the District Court of the United States for the Northern District of California and J. 0. Boyd was appointed trustee. There was also received in evidence a…