Sears, Roebuck & Co. v. American Plumbing & Supply Co.

GRUBB, District Judge.

This case is before the Court on plaintiff’s motion for summary judgment. The plaintiff, Sears, Roebuck & Co., brought this action to recover secret commissions allegedly paid by Marcus Kohlenberg, as president of the defendant, to one Stockwell, a purchasing agent of the plaintiff. Plaintiff alleges that it employed Stockwell as a field representative to procure plumbing and heating supplies for resale in plaintiff’s retail outlets. It is further alleged that during 1947 defendant agreed to pay said Stock-well a commission at the rate of 5% or 10% on all sales by…