Harrington v. Empire Cream Separator Co.
Supreme Judicial Court of Maine
On motion for new trial by defendant. This is an action of assumpsit on account annexed to recover for a bonus of $25 a month for seven months, and for salary amounting to $607.50, and cash paid out for expenses $69.28, mailing a total of $851.78. The plea was the general issue, and a verdict was returned for plaintiff for $821.56. Remittitur of all the verdict above one hundred forty-two dollars and sixty-seven cents to be filed by plaintiff within fifteen days, and motion…
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On motion for new trial by defendant. This is an action of assumpsit on account annexed to recover for a bonus of $25 a month for seven months, and for salary amounting to $607.50, and cash paid out for expenses $69.28, mailing a total of $851.78. The plea was the general issue, and a verdict was returned for plaintiff for $821.56. Remittitur of all the verdict above one hundred forty-two dollars and sixty-seven cents to be filed by plaintiff within fifteen days, and motion overruled. If such remittitur is not filed entry to be, Motion sustained. Case is stated in the opinion.
1Opinion of the CourtDeasy, J.
Action on account annexed to recover for salary, expenses and bonus. The plaintiff having recovered a verdict, the defendant brings the case forward on motion.
The plaintiff entered into a contract with the defendant to act as its agent in the sale of milking machines and cream separators. The contract is evidenced by letters.
The agreed compensation was $135 per month together with necessary traveling expenses, and also a bonus of $25 a month conditioned on the amount of sales. The verdict is based upon a finding that the parties intended and agreed that the contract should continue in…
2Cases cited7 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Hamilton v. LoveIndiana Supreme Court · 1899
- Olmstead v. BachCourt of Appeals of Maryland · 1893
- Litchenstein v. BrooksCourt of Appeals of Texas · 1889
- Derosia v. FerlandSupreme Court of Vermont · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Keller v. Marvins Credit, Inc.District of Columbia Court of Appeals · 1959
- State Development Office v. State Employees Appeals BoardSupreme Judicial Court of Maine · 1976