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BLOCK & KOHNER MERCANTILE CO. v. UNITED STATES

No. 8622.

37 F.2d 877 (1930)

BLOCK & KOHNER MERCANTILE CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

January 15, 1930.

Attorney(s) appearing for the Case

M. P. Phillips, of St. Louis, Mo. (Jacob M. Lashly and Harold C. Ackert, both of St. Louis, Mo., on the brief), for appellant.

Howard Williams, Asst. U. S. Atty., and E. E. Angevine, Atty. Bureau of Internal Revenue, of Washington, D. C. (Louis H. Breuer, U. S. Atty, of Rolla, Mo., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and MUNGER, District Judge.

VAN VALKENBURGH, Circuit Judge.

Appellant is a Missouri corporation engaged in the wholesale shoe business in St. Louis. One Jake Weinbach was a salesman experienced in that business, and on the 19th of February, 1919, the mercantile company, named as first party, Weinbach, named as second party, and Weinbach's wife, named as third party, entered into a contract reciting that the first party was desirous of opening and carrying on a special department of its business...

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