FEDERAL SECURITY INSURANCE COMPANY v. SMITH

No. 5826.

259 F.2d 294 (1958)

FEDERAL SECURITY INSURANCE COMPANY, Appellant, v. Joseph L. SMITH, Appellee.

United States Court of Appeals Tenth Circuit.

September 2, 1958.


Attorney(s) appearing for the Case

N. J. Cotro-Manes and Paul N. Cotro-Manes, Salt Lake City, Utah, for appellant.

Edward W. Clyde, Salt Lake City, Utah (William G. Gibbs, Salt Lake City, Utah, was with him on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

Joseph L. Smith brought this action for an accounting of insurance commissions alleged to be due him from the defendant, Federal Security Insurance Company, under the provisions of an oral General Agency insurance contract. The Insurance Company admitted in its pleadings that it entered into a verbal contract whereby plaintiff was to sell its policies in the State of Idaho, but denied that the commission schedule as claimed by the plaintiff...

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