Gill v. Col-Tex Refining Co.

ALLRED, District Judge.

Plaintiff sues defendant for commission. The complaint is in two counts.

The first count is upon an alleged contract made during the year 1938, with Verne D. Sanders and F. R. Sproule, alleged agents of defendant, agreeing to pay plaintiff a gallon upon all emulsions sold by defendant to anyone with whom plaintiff should put the defendant in touch; and that as a result of plaintiff’s efforts defendant sold 1,400,000 gallons of its products to Nueces County, Texas.

The second count alleges, in the alternative, that plaintiff procured the sale of such products to Nueces…