MITCHELL v. FLINTKOTE CO.

No. 29, Docket 21699.

185 F.2d 1008 (1951)

MITCHELL v. FLINTKOTE CO.

United States Court of Appeals Second Circuit.

Decided January 4, 1951.


Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City (William Piel, Jr., and Henry N. Ess, III, New York City, of counsel), for appellant.

Austrian & Lance, New York City (Saul J. Lance and George H. Schwartz, New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal by the defendant from a judgment for the plaintiff in an action upon an oral contract of employment under which the plaintiff claimed commissions on the sales price of camouflage paint sold by the defendant to the United States during World War II. Federal jurisdiction rests on diverse citizenship. The appeal questions the sufficiency of the evidence to support the jury's verdict that the contract was made and was fully performed...

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