Howard v. Mercury Record Corporation

RUSSELL, Circuit Judge.

The appellant is a wholesale dealer in phonograph records and the appellee is a producer and distributor of such records. As complainant in the trial court, appellant asserted by several counts, specified claims for damages against the defendant, appellee, alleged to have been sustained as the result of breaches of an oral contract between the parties. There was a jury trial, and upon the conclusion of . the complainant’s evidence, the Court instructed the jury to return a verdict in favor of the defendant, and thereafter entered a final judgment in accordance with the…