Hollweg v. Schaefer Brokerage Co.

Citations

• 197 F. 689
• 117 C.C.A. 83
• 1912 U.S. App. LEXIS 1315

Syllabus

<p>J. Frauds, Statute of (§ 159*) — Employment Contract — Term.</p> <p>Plaintiff alleged the making of a brokerage contract February 4, 1909, to sell glass jars in Toledo territory for tbe season of 1910, and then charged that this contract was modified and enlarged by agreement on October 1, 1909, whereby plaintiff was given the right to sell during the 1910 season not less than 250 cars in Ohio outside of certain cities and 50 cars in Detroit. It was admitted that the season did not regularly open, and was not expected to open until the latter part of 1909, and that it would continue until October, 1910. Plaintiff sold some of the jars, when defendant prevented him from performing the contract by selling his business to a competitor. Held, that the court properly charged that a valid contract would be established in case the jury found that what was said November 1, 1909, “when the limits of sale and territory in which the sales were to be made were defined, was said by the parties, speaking with the full recollection and understanding of all these previous negotiations and with the intention that those negotiations should enter into the agreement made that day as part of the contract then concluded,” and that the contract of employment was not void as a matter of law within the statute of frauds as an oral contract of employment for more than a year.</p> <p>[Ed. Note. — For other eases, see Frauds, Statute of, Gent. Dig. § 378; Dec. Dig. § 159.*]</p> <p>2. Appeal and Error (§ 231*) — Objections to Evidence — Ground of Objection.</p> <p>An objection to the admission of evidence cannot be reviewed, where it does not appear that the ground of objection was specified in the trial court.</p> <p>[Ed. Note. — For other eases, see Appeal and Error, Cent. Dig. §§ 1299, 1352; Dec. Dig. § 231.*]</p> <p>3. Appeal and Error (§ 1053*) — Review—Evidence—Prejudice.</p> <p>Where in an action for breach of a brokerage contract to sell Owens process fruit jars the court submitted t