Messrs. C. W. Ogden and J. D. Guinn for plaintiff in error.

No counsel for defendant in error.

Mr. Justice Holmes delivered the opinion of the court:

This is an action of contract brought by the plaintiff in error, [190 U.S. 540, 541] a Kentucky corporation, against the defendant in error, a Texas corporation, for breach of a contract to sell and deliver crude oil. The defendant excepted to certain allegations of damage, and pleaded that the damages had been claimed and magnified fraudulently for the purpose of giving the United States circuit court jurisdiction, when in truth they were less than $2,000. The judge sustained the exceptions. He also tried the question of jurisdiction before hearing the merits, refused the plaintiff a jury, found that the plea was sustained, and dismissed the cause. The plaintiff excepted to all the rulings and action of the court, and brings the case here by writ of error. If the rulings and findings were right, there is no question that the judge was right in dismissing the suit (North American Transp. & Trading Co. v. Mo