Beck v. Reynolds Metals Co.

MINTON, Circuit Judge.

The plaintiff sued the defendant company for sales commissions allegedly due him on orders secured by him while he was employed by the defendant’s vendor. In the eighth paragraph of the defendant’s answer, the right of the plaintiff to sue on the contract which the defendant, as ven-dee, had entered into with the plaintiff’s former employer, as vendor, was challenged on the basis that the contract was not for the plaintiff’s benefit. The defendant’s motion for judgment on the pleadings was sustained by the District Court. From this judgment the plaintiff has appealed.

The…