Schiller v. Keuffel & Esser Co.

1. The testimony. “A verdict should only be directed against a plaintiff where plaintiff’s evidence, giving it the most-favorable construction it will reasonably bear, is insufficient to sustain a verdict in plaintiff’s favor.”

Applying the rule just stated, we may summarize the substance of Mr. Schiller’s testimony as follows:

The bulk of Schiller’s business came from 20 concerns. Schiller had customarily called on the individuals in charge of purchasing, mainly for the purpose of maintaining goodwill. He did not often take orders because in that type of business the customer orders materials…