Hall

Plaintiff appeals from a judgment entered upon the granting of a motion for nonsuit made by defendant at the close of plaintiff’s case. Plaintiff also appeals from an order denying his motion for a new trial. The latter order is nonappealable and, for that reason, the appeal therefrom is dismissed.

The facts upon which plaintiff bases his action are as follows: In the latter part of the year 1927 the Central Manufacturing District, as owner, entered into a contract with William P. Neil Company, whereby the latter, as general contractor, agreed to construct a building to be known as the Produce Terminal Building, in Vernon, California. The defendant corporation, the Barber Door Company, was one of the subcontractors, under contract to install the doors in the building. The plaintiff in October of 1927 entered into a contract with the owner of the property for the use of one of the stalls in the building. This contract was entered into before the building was completed and obviously before either the owner or the plaintiff knew when the building would be completed. The agreement, pleaded as an exhibit to the answer, was not explicit as to the date when the tenancy was to start. It…