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MARSTON v. DOWNING CO.

No. 7360.

73 F.2d 94 (1934)

MARSTON v. DOWNING CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

October 23, 1934.

Attorney(s) appearing for the Case

Francis M. Oliver, of Savannah, Ga., for appellant.

Millard Reese and E. Way Highsmith, both of Brunswick, Ga., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

A. B. Marston sued the Downing Company for a breach of contract, and a general demurrer was sustained mainly by reason of the Statute of Frauds (Civ. Code Ga. 1910, § 3222). The petition stated the contract thus: "On or about the 6th day of November, 1928, your petitioner was employed by the Downing Co. Inc., through Mr. W. B. Gillican, its president and controlling stockholder, to take charge of and operate the grocery, dry-goods, cooper...

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