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NOONAN v. MIDLAND CAPITAL CORPORATION

No. 269, Docket 71-1130.

453 F.2d 459 (1972)

Dermott NOONAN, Plaintiff-Appellant, v. MIDLAND CAPITAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 4, 1972.

Attorney(s) appearing for the Case

James P. Costello, New York City (John J. Lynch, New York City, of counsel), for plaintiff-appellant.

Joseph Chase, New York City (Cleary, Gottlieb, Steen & Hamilton, and Edwin B. Mishkin, New York City, of counsel), for defendant-appellee.

Before LUMBARD and FEINBERG, Circuit Judges, and DAVIS, Judge.

DAVIS, Judge:

In this diversity case, Dermott Noonan, an experienced accountant and management consultant, sues Midland Capital Corporation, a small business investment company, for failing to fulfill an alleged oral contract to pay him for personal business services. The major defense is that no such agreement was ever made. The trial was to a jury which was unable to agree after prolonged deliberation. The defendant then renewed its motion for a directed verdict...

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