GAYLEN MACHINERY CORP. v. PITMAN-MOORE COMPANY

No. 32, Docket 25572.

273 F.2d 340 (1959)

GAYLEN MACHINERY CORPORATION, Plaintiff-Appellee, v. PITMAN-MOORE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 24, 1959.


Attorney(s) appearing for the Case

Charles B. Blackmar, of Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, Mo. (John J. Loflin, Jr., of Kelley, Drye, Newhall & Maginnes, New York City, on the brief), for defendant-appellant.

Alvin Miller, New York City, for plaintiff-appellee.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.


CLARK, Circuit Judge.

This action is based on defendant's written promise to pay a 10 per cent commission if plaintiff succeeded in obtaining an order for Salk vaccine from the Argentine Government. It was originally brought in the Supreme Court of New York and was removed to the court below by the defendant because of the diverse citizenship of the parties. At the close of plaintiff's case defendant elected to stand on its motion for a directed verdict. The case...

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