Robert L. Mercer, Plaintiff-Appellant-Cross v. C. A. Roberts Company, Defendant-Appellee-Cross

THORNBERRY, Circuit Judge:

This diversity dispute1 centers around an oral employment agreement, its modification, and the fallout resulting therefrom. Bad feelings abound between former employee and former employer, and we resolve *1235the dispute by affirming the district court’s decision that both sides take nothing.

Defendant C. A. Roberts Co., an Illinois corporation, distributes tubing, pipes, and similar metal goods. Although the company has done business in Texas for- more than 40 years, it did not have an employee in the state until July 1968, when it hired plaintiff Mercer. A Dallas sales…