Small v. Specht

WOOLLEY, Circuit Judge.

In consideration of services rendered or to be rendered by the plaintiff in making a sale of coal to the Framerican Industrial Development Corporation, the defendant by letter addressed to the plaintiff made the following promise:

“I agree to pay you 10 cts. per net ton for all coal you sell for me or for any coal I may sell to your people within the next 20 days.”

Although a like suit was brought for similar services, Guionnet v. Specht, 297 Fed. 864, we shall assume that the plaintiff rendered services which brought about the agreement between the Framerican Industrial…