
    DAVID THREATT v. THE UNITED STAES
    [No. 41979.
    Decided May 8, 1933]
    
      Mr. Frank J. Keating, with whom was Mr. W. W. Scott, for the demurrer. Mr. Assistant Attorney General Charles B. Rugg, was on the brief.
    
      Mr. E. N, Freeman, opposed.
   MEMORANDUM

BY THE COURT

Plaintiff is a resident of Georgia and receives his mail on a rural route. His action, as shown by the petition, is based upon the alleged failure of a rural carrier to deliver a certain letter to him which he claims contained information worth $5,000. It is so plain that the petition states no cause of action of which this court has jurisdiction that the demurrer is sustained on this ground alone without considering whether a cause of action of any nature is stated therein. It may be said, however, that if any cause of action is stated in the petition it is one arising upon a tort and not upon a contract. It follows that the demurrer must be sustained and the petition dismissed.  