BRY-MAN'S, INC. v. STUTE

No. 19795.

312 F.2d 585 (1963)

BRY-MAN'S, INC., Appellant, v. Herman F. STUTE, Jr., d/b/a H. G. Stute Company, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1963.


Attorney(s) appearing for the Case

Pittman & Kinney, Dalton, Ga., for appellant.

L. Hugh Kemp, Dalton, Ga., for appellant.

William T. McGee, Fort Worth, Tex., Clinton J. Morgan, Rogers, Magruder, Hoyt, Wright & Walther, Rome, Ga., for appellee.

Before TUTTLE, Chief Judge, and WISDOM and GEWIN, Circuit Judges.


TUTTLE, Chief Judge.

The plaintiff, a citizen of Texas, filed suit against defendant Corporation of Georgia, in the District Court in the Northern District of Georgia to recover a commission allegedly due him as a broker for securing for the defendant a loan commitment from the Lincoln National Life Insurance Company.

The complaint was brought originally in the alternative: on the one hand, that there was an express contract to pay both the plaintiff and another...

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