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SCHWEITZER v. WALTON N. MOORE DRY GOODS CO.

No. 5584.

31 F.2d 809 (1929)

SCHWEITZER v. WALTON N. MOORE DRY GOODS CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 6, 1929.

Attorney(s) appearing for the Case

H. U. Brandenstein and R. A. Carter, both of San Francisco, Cal., for appellant.

T. T. C. Gregory and Wallace Sheehan, both of San Francisco, Cal., for appellee.

Before GILBERT and DIETRICH, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

This action was brought by appellant to recover money alleged to be due under a written contract by the terms of which he became appellee's sales agent. At the close of his evidence, a motion for a nonsuit was granted, and from the judgment of dismissal he prosecutes this appeal.

Appellee is engaged in the wholesale merchandise business at San Francisco, and under the contract in question entered into on December 5, 1918, appellant...

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