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FRANKLIN v. MEREDITH CO.

No. 292.

64 F.2d 109 (1933)

FRANKLIN v. MEREDITH CO. et al.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

Attorney(s) appearing for the Case

Taylor, Blanc, Capron & Marsh, of New York City (George S. Mittendorf, Edwin W. Cooney, and Arnold Furst, all of New York City, of counsel), for appellant Meredith Co.

Sayers Brothers, of New York City (H. Schieffelin Sayers and William Henry Smith, both of New York City, of counsel), for appellant Jos. P. Day, Inc.

Harold Swain, of New York City (John B. Doyle, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

It is conceded that appellee was employed to sell appellant Meredith's real property in New Jersey to the Cities Service Company, of which the Crew Levick Company was a subsidiary, and that a sale was made and deed delivered to the latter conveying title on June 6, 1929. Moreover, it is admitted that appellee undertook this agency under a written agreement of October 7, 1926, from Meredith Company, and labored with the latter's approval, until...

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