Nieberding v. Phoenix Manufacturing Co.

The briefs disclose that this action was brought in equity for an accounting. The trial court referred the matter to a master in chancery to determine whether or not plaintiff was entitled to an accounting. After hearing all of plaintiff’s evidence, the master filed a report recommending that plaintiff’s complaint be dismissed. The court confirmed the report and entered a decree dismissing the complaint. Plaintiff appealed.

Plaintiff Joseph H. Nieberding was employed as a sales manager in the “Moldit” or Rubber Division of the Phoenix Manufacturing Company under a written contract made on May…