Iwata

This action was brought by appellant to recover of appellee the sum of $2,826.85, being the alleged purchase price of ten carloads of melons alleged to have been sold by appellant to appellee, with interest thereon, and the further sum of $500 as attorney’s fees. Appellee demurred to appellant’s complaint on the ground that the District Court had no jurisdiction of the case. The demurrer was overruled. Appellee answered, denying that it had purchased any melons of appellant, or that it ówed appellant anything. The case was tried by the court, without a jury, trial by jury having been expressly waived. Appellee, at the beginning of the trial, objected to the introduction of any evidence, on the ground that the District Court had no jurisdiction of the case. The objection was overruled. At the conclusion of appellant’s evidence, appellee moved for a nonsuit. The court granted appellee’s motion and thereupon entered a judgment of dismissal. This appeal followed.

Did the District Court have jurisdiction of this case? The complaint alleges that the action is brought under and by virtue of the provisions of the Perishable Agricultural Commodities Act of June 10, 1930, c. 436, 46 Stat.…