Legal Opinion

Holton v. Job Iron & Steel Co.

Court of Appeals for the Sixth Circuit

Decided May 6, 1913No. 2,293PublishedCited by 7 opinions

In Error to the Circuit Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by Dan H. Holton against the Job Iron & Steel Company. Judgment for defendant, and plaintiff brings error. Plaintiff: sued to recover a commission claimed to nave been earned under a contract for procuring a bonus in aid of the building and installation of a manufacturing plant. Upon the trial verdict was directed for defendant.

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In Error to the Circuit Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by Dan H. Holton against the Job Iron & Steel Company. Judgment for defendant, and plaintiff brings error. Plaintiff: sued to recover a commission claimed to nave been earned under a contract for procuring a bonus in aid of the building and installation of a manufacturing plant. Upon the trial verdict was directed for defendant. The propriety of this direction is the principal question presented here. Defendant was engaged in operating, at Ashland, Ky., a plant for the…

1Opinion of the CourtKnappen, Circuit Judge

(after stating the facts as above). We pass by all questions except the single one whether, as matter of law, the evidence tended to show that plaintiff had “put through” a deal between defendant and the Land Company within the meaning of the contract, assuming, for the purposes of this opinion (but not deciding), that the defendant 'corporation was, in the negotiation of the contract, effectively represented by Job and his associates.

Plaintiff relies upon the letter of July 10th as containing the contract sued upon. The promise contained in that letter is to pay the commission only in case…

2Cases cited2 opinions

  1. Kock v. EmmerlingSupreme Court of the United States · 1860
  2. Hale v. KumlerCourt of Appeals for the Sixth Circuit · 1898

3Cited by7 opinions

  1. Odem Realty Company v. DyerCourt of Appeals of Kentucky (pre-1976) · 1932
  2. American Mercantile Corp. v. SpielbergCourt of Appeals for the Second Circuit · 1919
  3. Lowther v. PotterCourt of Appeals for the Sixth Circuit · 1915
  4. Knoechelmann's Administrator v. KnoechelmannCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Interstate Coal Co. v. Log Mountain Coal Co.Court of Appeals for the Sixth Circuit · 1921

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