Baldwin v. Marqueze
Supreme Court of Georgia
Before Judge Hutchins. Clarke superior court. April adjourned term, 1892. Baldwfin sued Marqueze & Varney, alleging: Defendants-are indebted to him $2,000. In April, 1890, they entered into a contract with him to employ him as a traveling salesman for the fall season of 1890, to travel and sell goods for them in South Carolina and part of Georgia, and to pay him a commission of five per cent, on all sales made by him during said season, the terms upon which the goods were to…
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Before Judge Hutchins. Clarke superior court. April adjourned term, 1892. Baldwfin sued Marqueze & Varney, alleging: Defendants-are indebted to him $2,000. In April, 1890, they entered into a contract with him to employ him as a traveling salesman for the fall season of 1890, to travel and sell goods for them in South Carolina and part of Georgia, and to pay him a commission of five per cent, on all sales made by him during said season, the terms upon which the goods were to be sold being the usual terms upon which boots and shoes are sold by wholesale dealers, to wit four months’ credit from…
1Opinion of the Court
Bleckley, Chief Justice.
1. The correspondence between the parties, reading it ■all together, concluded a contract for the continuance ■of business by Baldwin as drummer or traveling salesman for the firm, for the season of 1890 ; and the business contemplated was of the same kind as that previously carried on, which was the procurement of orders for merchandise upon the usual credit, not for cash only. One new feature, and but one, was introduced: the compensation of Baldwin was to be a specified oommission on the orders he procured, and not a fixed salary as it had previously been.
2. It was…
2Cited by11 opinions
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
- Anderson, Clayton & Co. v. ManghamCourt of Appeals of Georgia · 1924
- Levy, Brother & Co. v. AllenCourt of Appeals of Georgia · 1936
- Mizell v. SpiresCourt of Appeals of Georgia · 1978
- American Agricultural Chemical Co. v. RhodesSupreme Court of Georgia · 1913
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