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McARTHUR v. RUMBAUGH

No. 72, Docket 27526.

310 F.2d 376 (1962)

Charles H. McARTHUR, Plaintiff-Appellee-Appellant, v. John H. RUMBAUGH, Defendant-Appellee, and Jules G. Evens, Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 16, 1962.

Attorney(s) appearing for the Case

Joseph M. Cohen, New York City, for Charles H. McArthur, plaintiff-appellee-appellant.

John S. Chapman, Jr., of Hirschberg, Pettengill & Strong, Greenwich, Conn. (John F. Lambert, Greenwich, Conn., on the brief), for Jules G. Evans, defendant-appellant-appellee.

Robert E. Nickerson, of Ivey, Barnum, O'Mara & Nickerson, Greenwich, Conn. (Lowell P. Weicker, Jr., Greenwich, Conn., on the brief), for John H. Rumbaugh, defendant-appellee.

Before CLARK, FRIENDLY, and MARSHALL, Circuit Judges.

PER CURIAM.

Defendant Jules G. Evens appeals from a judgment holding him liable to plaintiff for half of the amount he received as commission for effecting the sale of an advertising agency, National Transitads, Inc. The district court found a joint venture between plaintiff and defendant Evens. Plaintiff had pleaded, and attempted to prove, a three-way joint venture (with the other defendant, Rumbaugh, included), which would have given him roughly one-third of the...

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