Melkon v. H. B. Kirk & Co.

The plaintiff’s cause of action as finally amended was predicated upon an agency or broker’s agreement whereby he was sent abroad to sell defendant's whisky and to receive compensation to be measured by the difference between two dollars and eighty-five cents a gallon and whatever price he was able to *135secure on a sale. In support of his claim he offered evidence tending to show that he had procured a purchaser ready, able and willing to purchase at the price of five dollars a gallon.

The plaintiff’s proposed purchaser was a resident of Constantinople and negotiations for the sale and purchase…