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TABENHOUSE v. INTERNATIONAL OXYGEN CO.

No. 181.

55 F.2d 924 (1932)

TABENHOUSE v. INTERNATIONAL OXYGEN CO.

Circuit Court of Appeals, Second Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

David A. Buckley, Jr., of New York City (Harold G. Aron, and Francis L. Field, both of New York City, of counsel), for appellant.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman and Oscar Stabiner, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

The single question here is as to the sufficiency of the complaint, coupled with the bill of particulars. The complaint alleged that the defendant employed the plaintiff to procure a purchaser for its business, and "represented" (to whom does not appear) that for the year 1926 it would show a profit of 15 per cent. upon a million dollars, the purchase price. The plaintiff procured one Rose, who was able and willing to accept on these terms, but who in...

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