President & Directors of the Manhattan Co. v. Washington Haberdasheries, Inc.

The action is on a garnishee execution in favor of the plaintiff levied on defendant against the earnings of its employees Jason Rosenberg and Joseph D. Rosenberg. The executions were served on October 9, 1931. This action is brought to recover the installments due for seventy-three weeks, commencing with the week'ending June 25, 1935, and ending November 10, 1936. The debtor employees of defendant are employed by it under a written contract whereby each is to be paid two per cent of the gross sales of the store managed by him. The contract contains the following provisions:

“ That the party…