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SPENCER v. MARTIN

No. 4442.

51 F.2d 1084 (1931)

Benjamin Franklin SPENCER, Plaintiff-Appellant, v. Lawson G. MARTIN, Defendant-Appellee.

Circuit Court of Appeals, Third Circuit.

August 20, 1931.

Attorney(s) appearing for the Case

A. O. Fording, of Pittsburgh, Pa., and Wm. E. Pfau and Charles Koonce, both of Youngstown, Ohio, for appellant.

C. H. Sachs, Sachs & Caplan, and Louis Caplan, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

The proofs in this case tend to show that Spencer, the appellant, and Martin, the appellee, both of whom were experienced in automobile distribution, had some preliminary negotiations looking to the formation of a corporation in which both were to take stock and which corporation was to secure a sales agency for a certain automobile. This agency was not secured and the corporation was never formed. If the agency had been secured and the...

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