Grant v. Kellogg Co.

Second Circuit Court of Appeals

Decided March 4, 1946.

Second Circuit Court of Appeals · decided 1946-03-04

Cited by 2 later decisions — most recently August 1954

2 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1946-03-04

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¶1Regan & Barrett, of New York City (Edward G. Bathon and John N. Regan, both of New York City, of counsel), for appellant.

¶2Simpson, Thacher & Bartlett, of New York City (Whitney North Seymour and Stephen P. Duggan, Jr., both of New York City, of counsel), for appellee.

¶3Before SWAN, CLARK, and FRANK, Circuit Judges.

¶4FRANK, Circuit Judge.

¶5The evidence amply supports Judge Bright’s findings that (1) the original oral agreement was to endure for a year, (2) there was no reservation of title, either express or implied in fact, and (3) plain*60tiff’s letter of December 16, 1938, constituted a valid release. We see no errors in the admission or exclusion of evidence. Because of the findings, we do not reach the issue of the extent of the copying. Plaintiff’s elfish imagination seems to have given him a mistaken notion of his rights.

¶6Affirmed.