LINDBACK v. MILTER

No. 5232.

70 F.2d 454 (1934)

LINDBACK v. MILTER.

Circuit Court of Appeals, Third Circuit.

April 12, 1934.


Attorney(s) appearing for the Case

Rawle & Henderson, of Philadelphia, Pa. (Rutledge Slattery, George M. Brodhead, Jr., and Joseph W. Henderson, all of Philadelphia, Pa., of counsel), for appellant.

Wayland H. Elsbree, Thomas Raeburn White, and Samuel Scoville, Jr., all of Philadelphia, Pa., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


WOOLLEY, Circuit Judge.

This suit is on a written contract between the parties wherein, as the plaintiff construes it, the defendant engaged to pay him a salary through a term of years as manager in the manufacture and sale of a certain product. Confessing the contract, the defendant construes it as a mere convenience, or a "conduit," entered into until he (the defendant) should determine what corporation (a new one to be organized for the purpose or an old one conveniently...

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