WALTER KIDDE & CO. v. WALTON-VIKING CO.

No. 13137.

153 F.2d 988 (1946)

WALTER KIDDE & CO., Inc., v. WALTON-VIKING CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 12, 1946.


Attorney(s) appearing for the Case

Irvin Fane, of Kansas City, Mo. (J. Branton Wallace, of East Orange, N. J., and Ludwick Graves, James H. Ottman, Jacob Brown, and Johnson, Lucas, Graves & Fane, all of Kansas City, Mo., on the brief), for appellant.

Paul R. Stinson, of Kansas City, Mo. (Robert B. Fizzell, Robert M. Zehring, and Stinson, Mag, Thomson, McEvers & Fizzell, all of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

By written contract dated May 18, 1941, the plaintiff (appellee) was appointed defendant's (appellant's) agent, for one year, to sell, on commission in a specified territory, fire extinguishing equipment manufactured by defendant. During the year, the plaintiff procured from the Standard Steel Works, of North Kansas City, Missouri, orders for 10,800 fire extinguishers and brackets therefor. These orders were accepted by the defendant. Plaintiff...

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