Farr

This is an appeal from the District Court of the United States for the Northern District of California, Southern Division.

The case originated with the filing of a complaint in the superior court of the State of California for the City and County of San Francisco.

The complaint alleged that the defendant entered into an oral contract with the plaintiffs whereby the latter agreed to furnish four automobile trucks and their personal services in the operation of the same, and the defendants agreed to hire the exclusive personal service of said plaintiffs and said trucks and equipment for the entire duration of a certain grading and excavation project of defendants; that relying upon said oral agreement and pursuant thereto plaintiffs purchased said number of automobile trucks and defendants did hire the personal services of plaintiffs and the use of said equipment, commencing on the 3rd day of December, 1940; that on or about the 18th day of January, 1941, the defendants without cause discharged the plaintiffs and refused to allow them to continue performance of said contract and that thereby they were damaged in the sum set forth in said complaint.

On motion of the defendant…