Banks Engineering Co., Inc. v. Polons

OPINION

ZAPPALA, Justice.

This is an action by a corporation to recover the difference between the amount of money advanced to a salesman and the amount of commissions earned prior to the salesman’s election to terminate the contract. We granted allowance of appeal to consider whether Snellenburg Clothing Co. v. Levitt, 282 Pa. 65, 127 A. 309 (1925), which the lower courts found controlling, should be overruled. We conclude that Snellenburg Clothing should be overruled, and remand the matter to the common pleas court for further proceedings.

Banks Engineering Company, Inc., the Appellee,…