WOLFE v. MANLOWE

No. 71-1621.

464 F.2d 465 (1972)

William M. WOLFE, Plaintiff-Appellant, v. Helen F. MANLOWE, Executrix of the Estate of John B. Manlowe, Deceased, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1972.


Attorney(s) appearing for the Case

Martin A. Cannon, Omaha, Neb., for plaintiff-appellant.

George A. Bangs, Rapid City, S. D., for defendant-appellee.

Before VOGEL, LAY and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

William Wolfe brought this diversity action against John Manlowe, seeking to recover a commission under an option contract. Upon defendant's death prior to trial, his executrix became the defendant by substitution. The trial court, Judge Denney, directed a verdict against plaintiff Wolfe, and he appeals. We affirm.

In early 1968, John Manlowe owned 750,000 shares of stock in United-Buckingham Freight Lines, Inc., a trucking company with...

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