Legal Opinion

Etty v. Federal Consulting Service, Inc.

District of Columbia Court of Appeals

Decided June 17, 1948No. 611PublishedCited by 5 opinions

1Opinion of the Court

HOOD, Associate Judge.

From a judgment against her defendant has appealed and urges two grounds for reversal.

The first ground is that there was a variance between the pleadings and proof. The complaint alleged that the defendant “wrongfully withholds from plaintiff the sum of $2,922.97 representing a portion of funds which came into defendant’s hands for distribution to plaintiff.” The proof tended to show that defendant, a manufacturer’s agent, having authority to sell a quantity of steel, engaged plaintiff to assist her in making a sale, and agreed to pay plaintiff a sum equal to one-half…

2Cases cited4 opinions

  1. Grayson v. LynchSupreme Court of the United States · 1896
  2. Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
  3. Standard Oil Co. v. BrownSupreme Court of the United States · 1910
  4. Farris v. Meyer Schuman Co.Court of Appeals for the Seventh Circuit · 1940

3Cited by5 opinions

  1. Reese v. WellsDistrict of Columbia Court of Appeals · 1950
  2. Autocomp Inc. v. Publishing Computer Service, Inc.District of Columbia Court of Appeals · 1975
  3. Fistere, Inc. v. HelzDistrict of Columbia Court of Appeals · 1967
  4. Jess Fisher & Co. v. DarbyDistrict of Columbia Court of Appeals · 1953
  5. Hankin v. SpilkerDistrict of Columbia Court of Appeals · 1951

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