McGill v. Precision Press, Inc.

Stolz, Judge.

The plaintiff corporation brought an action against its former employee to recover the excesses of advances over commissions, in the amount of $2,365. The defendant appeals from the judgment on the verdict for the plaintiff in the amount of $1,000, contending that the verdict was repugnant to the evidence in that, under the evidence, the plaintiff was entitled to the full amount sought or nothing at all. Held:

"A prerequisite to the right of the principal to recover the excesses of advances over earned commissions, under the authorities cited, is the existence of an 'express or…