Paul C. Gebhard v. Royce Aluminum Corporation

ALDRICH, Circuit Judge.

This diversity action by a salesman for commissions contains a saga of alleged overreaching, much of which we nee.d not detail. The question is, who did what, and to whom. The trial court felt that the plaintiff was the significant offender, disagreeing with the jury, and directed a verdict for the defendant un der Rule 50(b), Fed.Rules Civ.Proc. 28 U.S.C.A. Plaintiff appeals.

On April 9, 1956, plaintiff wrote a letter to Royce Aluminum Corporation, defendant-appellee, purporting to “recap” the oral agreement they had reached on April 3 under which plaintiff was to be…