Hoerger v. Sidway Mercantile Co.
Indiana Supreme Court
From Elkhart Superior Court; James L. Harmon, Judge. Action by William Iloerger against The Sidway Mercantile Company. From a judgment for defendant, the plaintiff appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtSpencer, C. J.
1. Suit by appellant to recover certain commissions alleged to be due him by reason of certain sales made by him of appellee’s products. The principal question presented by this appeal'from the judgment of the trial court denying said claim involves the construction of the' written contract entered into between the parties. Said contract provided that the “first party (appellee) agrees to pay the second party (appellant) a commission of ten per cent on all accepted and shipped orders for its products taken at regular prices and regular terms, with the exception of 'go-carts numbers F and A,…
2Cases cited3 opinions
- Semon Bache & Co. v. Coppes, Zook & Mutschler Co.Indiana Court of Appeals · 1905
- Todd v. HowellIndiana Court of Appeals · 1911
- Cross v. PearsonIndiana Supreme Court · 1861
3Cited by1 opinion
- Wilhelm v. RybandIndiana Supreme Court · 1939