Rosenfeld

This is a motion to docket and dismiss the appeal. Appellant filed a complaint in the District Court against appellees for breach of'a contract of sale and alternatively against The Western Union Telegraph Company for negligence in failing to deliver a telegraphic message. The action against appellees could only succeed if it were shown that appellees, as sellers, did not advise appellant that they were ready to ship the goods agreed to be sold under the contract. Appellees alleged that such a message was sent to appellant through the use of the facilities of The Western Union Telegraph Company. Appellant claimed the message was not sent, and if it were sent, it was not delivered.

The District Court dismissed the action against appellees for want of jurisdiction of the subject matter, stating that it conclusively appeared to the Court, on the basis of the records and files in the case, that the claim of appellant against appellees, if established, would not be more than the sum of $2,204.62. The action against The Western Union Telegraph Company was left pending.

Appellees now move to dismiss the appeal from the District Court’s Order of Dismissal on the theory that said Order…