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KEENE v. GAUEN

No. 5154.

22 F.2d 723 (1927)

KEENE v. GAUEN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1927.

Attorney(s) appearing for the Case

U. M. Simon, of Fort Worth, Tex. (Slay, Simon & Smith, of Fort Worth, Tex., on the brief), for plaintiff in error.

Wm. Leroy Evans and W. P. McLean, both of Fort Worth, Tex. (McLean, Scott & Sayers and Levy & Evans, all of Fort Worth, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit to recover a commission on the amount realized from the sale of a stock of diamonds. Plaintiff was employed as an engraver and jeweler in defendant's jewelry store. The petition alleges that defendant was desirous of selling out his business, and offered to pay plaintiff a commission of 5 per cent. of the sale price in the event he procured a purchaser. The answer contains a general denial, and alleges the payment of $1,500 in...

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