Spirit v. Black Diamond Furniture Works, Inc.

The first defense contains several matters that might well be separately stated and numbered. Paragraphs 8 to 11, inclusive, constitute one theory of defense, and paragraphs 12 to 15, inclusive, another. Yet they are all stated under the heading of the first defense. But none of it appears to be sham and frivolous. Allegations numbered 10 and 11 appear to me to be evidentiary.

It is true that, in the absence of a special agreement, a drawing account to be deducted from commissions to be earned by a salesman is an absolute covenant to advance the stipulated sum, irrespective of the amount of…