Simmons Co. v. Spruill

STOKES, Justice.

Defendant in error, D. F. Spruill, filed this suit on October 19, 1937, against plaintiff in error, alleging that in accordance with the terms of an oral contract entered into between him and the agent of plaintiff in error he negotiated a sale of certain hotel furniture, the retail price of which was $2,146.25. He alleged that, under the terms of the contract of employment, his commission for making the sale was to be the difference between the retail price of the furniture and its wholesale price which he alleged was $1,767, the difference being $379.25, for which he prayed…