Al J. Goodman & Co. v. Bucyrus Erie Company

KILEY, Circuit Judge.

This is a diversity suit seeking damages for breach of an alleged oral contract. The district judge, 327 F.Supp. 107, found the evidence insufficient to establish a contract and entered judgment for defendant Bucyrus Erie Company (Bucyrus). Plaintiff Al J. Goodman & Co. (Goodman) has appealed. We affirm.

Goodman, at the time of the alleged incidents, was a North Carolina partnership engaged in the business of acting as broker in the purchase and sale of new and used construction equipment. Bucyrus, a Delaware corporation with its principal office in Milwaukee, Wisconsin,…