Adams v. Can-Dee Oil Corp.

WILSON, Justice.

In a non-jury trial judgment was rendered for defendant in plaintiff’s suit for commissions alleged to be due under a written contract of employment. The contract provided plaintiff was to receive 2¾/⅝ per gallon on gasoline sales as compensation for managing defendant’s filling station. The sum due, if all sales were computed at the 2½5⅞ rate, was stipulated. No findings or conclusions were filed.

Plaintiff introduced in evidence the daily retail inventory balance sheets signed by plaintiff on which plaintiff’s compensation had been paid by defendant. Many of these sheets,…