Mitchell v. Flintkote Co.

SWAN, Circuit Judge.

This is an appeal by the defendant from a judgment for the plaintiff in an action upon an oral contract of employment under which the plaintiff claimed commissions on the sales price of camouflage paint sold by the defendant to the United States during World War II. Federal jurisdiction rests on diverse citizenship. The appeal questions the sufficiency of the evidence to support the jury’s verdict that the contract was made and was fully performed on the plaintiff’s part, and further asserts that the court erred in declining to instruct the jury that the contract is…