CESSNA AIRCRAFT COMPANY v. AVIATION, INC.

No. 5492.

243 F.2d 815 (1957)

CESSNA AIRCRAFT COMPANY, a corporation, Appellant, v. AVIATION, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 25, 1957.


Attorney(s) appearing for the Case

William Tinker and Hugh P. Quinn, Wichita, Kan. (Getto McDonald, Arthur W. Skaer, Jr., William Porter, and John E. Lancelot, Wichita, Kan., were with them on the brief), for appellant.

Wayne Coulson, Wichita, Kan. (C. H. Rosenstein, Foster V. Phipps and Jay W. Whitney, Tulsa, Okl., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.


HUXMAN, Circuit Judge.

This was an action in which Aviation, Inc., the appellee, sought to recover a commission from appellant, Cessna Aircraft Company, for the sale of an airplane. The trial court directed the jury to return a verdict for plaintiff for $10,853.23 and interest.

The facts concerning which there is no dispute are these. On November 17, 1953, Cessna entered into a distributor's contract with Aviation, Inc., of Tulsa, Oklahoma, under which Aviation...

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