United States Circuit Courts of Appeals Reports Volume 112
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...H. Rowe (Grant C. Fox, of counsel), for defendants in error. Before LACOMBE, COXE, and WARD, Circuit judges. WARD, Circuit Judge. This is a writ of error to a judgment entered on a verdict directed by the court in favor of the plaintiffs for the sum of $5,531.26. The plaintiffs' claim was for a commission of five cents per ton on two contracts which they negotiated, each for 50,000 tons of coal to be delivered by the defendant to the Skeele Company. The plaintiffs had sold the coal of the Philippi Coal Company, whose mine was subsequently taken over by the defendant. Van De Water, one of the plaintiffs, testified that they were then employed for the defendant by one Paterson, who died before the trial. The whole testimony as to the contract of employment was as follows: "Q. Now, what did Mr. Paterson say and you say? Mr. Andrade: I object to that as incompetent, immaterial, and irrelevant. (Objection overruled. Exception by defendant.) A. He came over, he said, to see if I could handle the coal again as I had previously sold at the mine, and they had taken it back. He said he came over to see if he could make a connection with me to handle his tidewater coal;i that they had taken the mine back and formed the Meriden Mining Company, and wanted to know if I would handle the coal again for them that they sent here on the market. I said I would. He wanted to know on what terms. I said: 'The same as previously, five cents a ton.' He said: 'All right.' And he shipped in coal to me, and I made a sale of it, and made my returns to him. Q. You said. the same as coal you had sold for him before? A. Yes, sir. Q. What concern was it then? A. It was the Philippi Coal Company. Q. And they were operating the same mine...
- 189 x 246 x 22mm | 739g
- 13 Sep 2013
- United States
- black & white illustrations