Page:Federal Reporter, 1st Series, Volume 1.djvu/692

 684 FEDERAL REPORTER. �Italy, and the intent of the defendant, with full knowledge of Buch inveiglement, to hold the cliildren in this country to involuntary service to him as street musicians. The motions are denied. ���NoETON ». The American Kino Compant. �[Circutt Court, S. D. Nm York. April 7, 1880.) �CoNTEACT — Lettbr — Statutb op Feauds — Commissions. — PlaiatiH offered, by letter, to sell defendant's goods for 10 per cent, commission, under an arrangement that should last for two years. Defendant replied by letter, oftering plaintifl: 7>^ per cent, commission on ail the goods he should sell and ail the trade he should make for the defendant. Plaintill thereupon proceeded to obtain orders for the defendant, and the latter fllled them by shipping the goods to the purchasera. Rdd, (1) that the agreement was valid under the statute of f rauds ; (2) that the plaintifl was under no obligation, express or implied, to devote himself exclu- sively to the sale of the defendant's goods ; and (.3) that defendant was entitled to commissions on ail sales made through his influence, whether, in fact, made by him or not �Motion for new trial. �«7. H. Whitlegge, for plaintiff. �Jonathan Marshall, for defendant. �Wallage, J. The defendant moves for a new trial, al- leging errors of law upon the trial, and that the verdict is against the evidence. The plaintiff sued to recover com- missions alleged to be due under a contract with defend- ant. The evidence eetablished that prior to July, 1873, the plaintiff and the agent of the defendant had a conversa- tion in regard to the plaintiff selling umbrella goods for the defendant, but nothing was specially suggested on either side. July Ist, the plaintiff wrote the agent of defendant that he would sell the defendant's goods for 10 per cent, commis- sion upon ail their sales of that line of goods, but should not be willing to enter upon any arrangement unless it should be one for two years, as the hardest part of his services would consist in introducing defendant's goods to his customers. Yii^ next day the defendant's agent wrote in reply that defend- ��� �