Avery v. Helwick

WESTERFIELD, Judge.

Plaintiff, Hamilton K. Avery, a salesman for a' manufacturer of ice cream refrigerating machinery, sold to defendant, Theodore P. Helwick, Jr., a “freezer” for $1,-515. Learning that Helwick desired to sell the freezer, he went to his place of business and entered into a verbal agreement whereby he undertook to sell Helwick’s freezer and Helwick agreed to pay him as a commission whatever sum he obtained for it in excess of $1,000. He requested Helwick to put their agreement in writing, which Helwick consented to do, and made an appointment for the next morning, June 18,…