Director

The plaintiff commenced an action against the defendants to recover damages. The defendants answered and a trial was had in the trial court before the court sitting with a jury. The jury returned a verdict on which a judgment in favor of the plaintiff was entered. From that judgment the defendants have appealed and have brought up a bill of exceptions.

In its complaint the plaintiff pleaded two separate causes of action involving two separate and distinct contracts. On the submission of the cause, acting upon request of counsel, two special verdicts were submitted to the jury. When the jury returned its verdicts and the trial court had duly considered the same, judgment was ordered in favor of the plaintiff on the first cause of action and not on the second cause of action. The plaintiff has not appealed and it becomes unnecessary to further refer to the second cause of action.

As to the first cause of action, the plaintiff nowhere alleges that it has performed. It is alleged that the defendants purchased and plaintiff agreed to -deliver “during the months of May and June, 1920,” an invoice of silks. It is also alleged that “during the months of May and June, 1920, plaintiff…