Martin Homes, Inc. v. Brown

OPINION

POPOVICH, Chief Judge.

Relator Martin Homes, Inc. appeals from the Commissioner of Economic Security’s determination that the relationship between relator and respondent Gordon Brown was an employer-employee relationship.

We reverse.

FACTS

Claimant-respondent was employed as a salesman of prefabricated homes from January 1979 to March 2, 1983, pursuant to an agreement which granted him the right to solicit orders for the sale of Martin Homes. The agreement provided (1) Brown “is not and shall not be an employee or agent of first party (Martin Homes) for any purposes whatsoever;” (2) Brown…