QUINN v. NASO

No. 339, Docket 24988.

255 F.2d 404 (1958)

Mark P. QUINN, Plaintiff-Appellee, v. Frank Paul NASO and Anna Clarke Naso, copartners, d/b/a Osan Supply Co., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 12, 1958.


Attorney(s) appearing for the Case

Samuel M. Sprafkin, New York City, for defendants-appellants.

Aaron Lipper, of Lipper, Shinn & Keeley, New York City (Richard B. Dannenberg, New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and HINCKS and STEWART, Circuit Judges.


PER CURIAM.

On this appeal from the award of commissions due plaintiff on sales made by him of defendants' sea food products, we can see nothing clearly erroneous in the trial judge's findings of fact, but instead hold them quite supported by the evidence and rational and reasonable in themselves. Defendants, as their primary position, argue that, since the court refused the plaintiff certain of the commissions he sought, it was creating a new and impermissible contract...

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