Simon v. Kahn

Per Curiam,

Plaintiff, Albert L. Simon, sued to recover commissions he alleged were due him under the terms of an oral contract with defendant. The trial judge entered a nonsuit, which the court in banc refused to take off and plaintiff appealed.

Plaintiff had been employed by defendant as a salesman of jewelry and novelties for a period of 11% years. During the first six years his employment was under a written contract which was terminated, and from September, 1922, to March, 1928, when he resigned his position, his employment was under an oral agreement providing for a commission of 20 % “on…