The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 58
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272 FEDERAL REPORTER
be deprived of his commission because the buyers could not obtain
registry of the vessel under their government, and the principal alone
refused to consummate the transaction for reasons personal to himself,
not disclosed to the broker.
Hough, Circuit Judge, dissenting.
In Error to the District Court of the United States for the South-
ern District of New York.
Action by Philip A. Warncr against Ca-ton. \ilham & Wigmore
of Canada, Limited. Judgment for plaintiff, and defendant brings
The plaintiff in error was defendant belo and will be referred to
hereinafter as defendant. The defendant in error \as plaintiff below.
and will be referred to hereinafter as plalmliff The plaintiff i, a citi
zen of the state of New York, residing in the Southern Di)strict there-
of The defendant is a corporation organized under the laws of the
Dominion of Canada, and having an office for the transaction of busl-
ness in the Southern district of New York. The case is stated in the
Kirlin, Woolsey, Campbell, TIlckox & Keating, of New York City
(Cletus Keating and L De Grove Potter, both of New York City, of
<ounsel), for plaintiff in error
Joseph P. Nolan, of New York City, for defendant in error,
Before WARD, ROGERS, and HOUGII, Circuit Judges.
ROGERS, Circuit Judge. The plaintiff was in the ship broker's
business, and he has brought this action to recover the sum of $11,-
675, which he alleges to be due to him as a commission for finding a
purchaser for the British screw steamship Eskasoni, of St. Johns,
Newfoundland. at the price of $475,000 The case has been in this
court before 261 Fed. 993. At that time the right of the plaintiff to
recover was sustained, and judgment for defendant was reversed. A
new trial has been had, and a judgment has been entered for the plain-
tiff. The case now presented differs in material respects from the case
\ hen it came here before.
It is alleged that on December 11 and 12, 1918, the defendant was
the owner of the steamship, and that it agreed with the plaintiff, that if
he should succeed in finding a purchaser for the boat at the price of
$475.000, the defendant would pay to the plaintiff the sum of 21/, per
ccnt upon such purchase piice for his services in the matter. It is
further alleged that thereafter the plaintiff procured Philip Temple-
man and George A. Moulton, as purchasers of the -teamship, who
thereupon began negotiations for the ameni, and w0ho thereafter enter-
ed into a contract of purchase and charter for the steamship with the
defendant for the purchase price of S475,000. It is claimed that the
sale was effected though the eflTorts of the plaintiff. Nothing has
been paid to the plait;iff, except the sum of $125, which was paid to
him on March 15, 1917 The plaintiff has obtained a verdict for $11,-
750. with mterest from March 12, 1917.
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/80/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.