Kaplan v. Swartz

BINGHAM, Circuit Judge.

This is the same case that was previously before this court on cross-appeals in 23 F.(2d) 273, and which was remanded for a new trial because' of error in the instructions -on the question of damages.

At this trial, as at the former one, the trial was had qpon the third count and,not upon the first two, which were for a broker’s commission. The third count sets out a contract, said to have been made June 13, 1924, wherein the defendants are alleged to have agreed to pay the plaintiff 40 per cent, of the profits which would accrue to them from a sale of certain real…