March 4, 1946
Appeal from the District Court of the United States for the Southern District of New York. Action by Vernon Grant against the Kellogg Company for damages for alleged breach of contract. From a judgment of dismissal, 58 F.Supp. 48, the plaintiff appeals. Judgment affirmed.
The facts are stated in Grant v. Kellogg, 58 F.Supp. 48.
Before SWAN, CLARK, and FRANK, Circuit Judges.
FRANK, Circuit Judge.
The 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) plaintiff'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.
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