Schmitt v. Continental-Diamond Fibre Co.

SPARKS, Circuit Judge.

This is an appeal from a judgment in an action to recover damages for breach of a sales agency contract. Jury was waived, and the court entered judgment for the defendant.

The question presented is whether appellant is entitled to damages for loss of profits alleged to have resulted from the illegal termination of his contract.

Appellant sued upon a contract entered into between the parties as of April 1, 1929, although it was not actually signed until about June 10, 1929. According to its provisions, appellant was given an exclusive agency for the sale of appellee’s…