GREENWALD v. UNITED STATES

No. 45511.

57 F.Supp. 569 (1944)

GREENWALD v. UNITED STATES.

Court of Claims.

November 6, 1944.


Attorney(s) appearing for the Case

Temple W. Seay, of Washington, D. C. (Phil D. Morelock, of Washington, D. C., and Weil, Gotshal & Manges, of New York City, on the briefs), for plaintiff.

H. S. Fessenden, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.


MADDEN, Judge.

The plaintiff was employed by a corporation under a contract which provided that, in addition to a fixed salary, he should receive a percentage of the amount by which the profits of the corporation exceeded a stated sum. The corporation had, from the time of its organization in 1929, employed the same firm of certified public accountants to audit its accounts and inform it of its financial position. The supervising accountant who directed the audits...

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