Gaylen MacHinery Corporation v. Pitman-Moore Company

CLARK, Circuit Judge.

This action is based on defendant’s written promise to pay a 10 per cent commission if plaintiff succeeded in obtaining an order for Salk vaccine from the Argentine Government. It was originally brought in the Supreme Court of New York and was removed to the court below by the defendant because of the diverse citizenship of the parties. At the close of plaintiff’s case defendant elected to stand on its motion for a directed verdict. The case was then submitted to a jury, which returned a plaintiff’s verdict, upon which the court entered judgment. Defendant’s motion under…