McKelly v. Metco Products, Inc.

Action in two counts to recover commission on war contracts alleged to have been procured by plaintiff for defendant. The first count sought recovery of 10% commission — $34,422.25; the second count was on quantum meruit for $16,788.62. Verdict and judgment went for defendant on both counts and plaintiff appealed.

In 1942 defendant obtained, so far as involved here, four war work contracts for the manufacture of parts of antiaircraft shells, upon which contracts plaintiff based his petition for commission. Three of these contracts were with American Well Prospecting Company, Corsicana, Texas,…