Chalaire

Appellant brought this action to recover of appellee the sum of 47,774.12 Shanghai taels claimed by appellant under a written contract. The action was commenced on February 21, 1934. Thereafter appellant filed an amended complaint, which appellee answered. Both parties then moved for judgment on the pleadings. The trial court granted appellee’s motion and rendered judgment dismissing the action. This appeal is from that judgment.

Appellee moves to affirm the judgmenc on the ground.that “there was failure of essential appellate procedure prior to filing transcript of record,” and on the further ground that there was no replication, no request for findings, and' no bill of exceptions. The motion does not indicate what the alleged “failure of essential appellate procedure” consisted of. We have not discovered any such failure. Appellée’s answer, as hereafter shown, contained no well-pleaded affirmative allegations requiring denial. There was, therefore, no need of a replication. American Trading Co. v. Steele (C.C.A.9) 274 F. 774, 780 . Since the case was not tried, but was submitted to the court below on motions for judgment - on the pleadings, no findings were necessary, nor was…