Jerome B. Guinand v. Paul T. Walton and

Plaintiff, Jerome E. Guinand, sued in contract to recover 3% commission on sales and 10% of the assets of Walton-Kearns partnership for services rendered to it. The defenses relied on by the partnership are: no valid contract; no consideration; and the statute of frauds. Upon trial the district court found that letter set out below on which plaintiff placed reliance did not constitute a valid contract, but nevertheless, on the basis of the whole evidence, granted plaintiff judgment for his commissions and the 10% of the partnership assets. Defendants appeal.