CLANCY v. BRUNSWICK-BALKE-COLLENDER COMPANY

No. 13465.

291 F.2d 799 (1961)

James A. CLANCY and Gertrude Clancy, trading as James A. Clancy and Company, v. BRUNSWICK-BALKE-COLLENDER COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided May 25, 1961.


Attorney(s) appearing for the Case

Philip H. Strubing, Philadelphia, Pa. (Francis E. Shields, David W. Scully, Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief), for appellant.

Francis E. Marshall, Philadelphia, Pa. (George O. Philips, Philadelphia, Pa., Davis, Marshall & Crumlish, Philadelphia, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The only real problem on this appeal is whether the trial judge in his evidential rulings and jury instructions committed prejudicial error necessitating a new trial.

The litigation is for breach of contract. In 1928 plaintiff James A. Clancy, under an oral agreement with Horn Folding Partition Company, was appointed exclusive sales representative for Pennsylvania, Delaware and New Jersey by Horn of its gymnasium equipment products...

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