RAYWARD v. SILBERMANN

No. 147, Docket 29951.

356 F.2d 611 (1966)

John L. RAYWARD, Plaintiff-Appellant, v. Joachim SILBERMANN, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 10, 1966.


Attorney(s) appearing for the Case

A. Hayne DeYampert, New York City (White & Case and Thomas McGanney, New York City, on the brief), for plaintiff-appellant.

Milton S. Gould, New York City (Shea, Gallop, Climenko & Gould and Martin I. Shelton, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.


LUMBARD, Chief Judge:

John L. Rayward appeals from a judgment for the defendant, Joachim Silbermann, in a diversity action wherein he sought to recover compensation for services as a finder either under an oral contract or in quantum meruit. The trial judge dismissed the contract claim at the conclusion of Rayward's proof, on the ground that recovery on the oral agreement would be barred by the Statute of Frauds and because Rayward had failed to show that he...

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