Fischer v. Pinske

Defendant, a manufacturer of prefinished wood cabinets, appeals from a judgment awarding plaintiff, a manufacturer’s sales representative, damages equal to 11 months of net sales commissions for breach of a written contract provision requiring defendant to give 1 year’s notice of cancellation. The issue for review is the trial court’s determination that the parties by their conduct waived a provision of their original written contract, “for a trial period of six (6) months,” which provided that at the end of that period the parties might renew that contract for 1 year by an additional writing…