A. L. Pickens Co. v. Sheet

This breach of contract action was brought in the Western District of Kentucky to recover commissions allegedly due appellant, A. L. Pickens Co., Inc. (Pickens) under its contract with appellee, Youngstown Sheet & Tube Co. (Youngstown). As Youngstowns sales agent, Pickens procured an order for Youngstown steel products from the Tennessee Valley Authority (TVA). The order was partially filled, and Pickens received a commission on that part of the order delivered and paid for. Because Pickens received no commission on the unfilled portion of the TVA order, it brought suit to compel payment. On cross motions for summary judgment, the district court held that the contract included a condition precedent to Youngstowns obligation to pay the commission that had not been fulfilled and entered summary judgment in favor of Youngstown. For the reasons expressed below, we reverse and remand.