Morris v. Aerojet-General Corp.

SCOTT (Robert H.), J. pro tem.*

Plaintiff sued defendant, an Ohio corporation, for alleged breach of contract, asserting that the defendant had employed him to sell certain of its stock and had agreed to pay him for doing so; that he had made the sale but the corporation refused to deliver the stock to the purchaser or to pay him his commission.

At the close of plaintiff’s case (which was being tried with a jury) defendant moved for a nonsuit. The court made an order dismissing the jury and dismissing the ease. From this order plaintiff appeals.

It was the duty of the trial court in passing upon…