BURNHAM v. LOUIS MEYERS & SON

No. 134, Docket 21104.

172 F.2d 84 (1949)

BURNHAM v. LOUIS MEYERS & SON, Inc., et al.

United States Court of Appeals Second Circuit.

January 28, 1949.


Attorney(s) appearing for the Case

Harry Meisnere, of New York City, for appellant.

Philip W. Lowry, of New York City, for appellees.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.


SWAN, Circuit Judge.

This is an action in contract by a salesman employed by the defendants to recover commissions. Federal jurisdiction rests on diversity of citizenship. The amended complaint alleges an oral contract of employment under which the plaintiff was to receive commissions of 5½ per cent. "upon all orders taken by him from financially responsible customers and accepted by the defendant"; the procuring by the plaintiff of orders amounting to about...

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