Riback Enterprises, Inc. v. George Denham

FEINBERG, Circuit Judge:

In early 1970, plaintiff Riback Enterprises, Inc. engaged defendant George Denham to sell its greeting cards in three eastern states, in part of a fourth and in Washington, D.C. Denham’s job was to solicit orders directly from retailers and he was paid solely by commission. There was no written agreement between the parties. Apparently Den-ham also sold his own stationery products and those of other manufacturers, including greeting cards. At the time, Riback had been selling greeting cards called “Grinlets” for about two years. Riback describes Grinlets as “greeting…