Stern v. Rosenheim
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This suit was brought by Signiund. Rosenheim to recover from Lazarus Stern, trading as L. Stern & Co., for ■a breach of the following written contract; Baltimore, March 24, 1886. This contract, entered, into between L. Stern & Co., of the first part, and S. Rosenheim of the second part, is as follows, viz., S. Rosenheim, of the second part, is to receive eighteen hundred dollars ($1,800) per annum, payable in monthly instalments of one…
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Appeal from the Baltimore City Court. This suit was brought by Signiund. Rosenheim to recover from Lazarus Stern, trading as L. Stern & Co., for ■a breach of the following written contract; Baltimore, March 24, 1886. This contract, entered, into between L. Stern & Co., of the first part, and S. Rosenheim of the second part, is as follows, viz., S. Rosenheim, of the second part, is to receive eighteen hundred dollars ($1,800) per annum, payable in monthly instalments of one hundred and fifty dollars, ($150,) for which the said S. Rosenheim is to represent the said L. Stern & Oo., of the first…
1Opinion of the Court
Stone, J.,
delivered, the opinion of the Court.
A majority of the Court think upon a fair construction of the contract between Stern and Rosenheim, that the plaintiff’s right to commissions only began when he had sold the $30,000 worth of goods. He was engaged for a year at a fixed salary, with the further promise that if during that year he sold over $30,000 he should have a commission on the excess. But the contract gave the defendant the right to discharge him at the end of six months. Unless he had sold $30,000 worth of' goods while in the service of the defendant, we do not think he was…
2Cited by7 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Throckmorton v. ThrockmortonSupreme Court of Virginia · 1890
- German v. GermanCourt of Appeals of Maryland · 1921
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
- Hunt v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1913
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