Wells

— The present appeal is the third in this action. On the first a judgment for plaintiff entered upon a directed verdict was reversed on the ground that issues other than that pertaining to damages should have been submitted to the jury. (Wells v. Lloyd, 6 Cal.2d 70 [ 56 P.2d 517 ].) On the second appeal a judgment of nonsuit was reversed by the District Court of Appeal, which held that the evidence produced at the second trial was substantially the same as that presented at the first trial, that this court had decided upon the first appeal that there was sufficient evidence in favor of plaintiff to justify submission of the case to the jury, and that the determination became the law of the case governing the litigation. (Wells v. Lloyd, 35 Cal.App.2d 6 [ 94 P.2d 373 ].) A hearing in this court was denied. The facts underlying the controversy are set forth in the opinion of this court on the first appeal.

Defendants’ principal contention on this appeal is that the evidence was insufficient to warrant submission of the case to the jury. Plaintiff relies upon the decisions of this *455 court and the District Court of Appeal on the earlier appeals as conclusive determinations of this…