ALDER v. CONSUMERS CO.

No. 8731.

152 F.2d 696 (1945)

ALDER v. CONSUMERS CO.

Circuit Court of Appeals, Seventh Circuit.

December 20, 1945.


Attorney(s) appearing for the Case

Campbell, Clithero & Fischer, of Chicago, Ill., for appellant.

Delbert A. Clithero and Carlton L. Fischer, both of Chicago, Ill., for appellant.

George E. Q. Johnson, Walter E. Wiles, and Wallace S. Schall, all of Chicago, Ill. (Herman Barrington, of Chicago, Ill., of counsel), for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


EVANS, Circuit Judge.

Plaintiff, formerly a salesman employed by defendant, recovered a $25,284.43 judgment for commissions he allegedly earned in the sale of building materials. The trial was by the court, and the judgment is supported by specific and detailed findings and conclusions.

The controversy is largely over two issues. Was plaintiff the procuring cause of the sales on which he seeks commissions? Is he estopped to claim such commissions because of...

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