Liberty Nat. Life Ins. Co. v. Longshore

This case was tried upon a theory which is supported apparently by the view of a majority of the states, to the effect that, where the contract of employment provides for advances to the employee which are to be charged to and deducted from the commissions agreed on, the employer cannot, in the absence of an agreement or promise to repay any excess of advances over the commissions earned, recover from the employee such excess. An annotation in 57 A. L. R. 33 et seq. shows that such is the rule of the majority, following the reported ease from West Virginia. Richmond Dry Goods Co. v. Wilson,…