Duluth, South Shore & Atlantic Railway Co. v. Wilson

Action to recover the amount which defendant had retained of fees as customs broker, while in plaintiff’s employment as chief clerk at Sault Ste. Marie.

The declaration consisted of the common counts in assumpsit, and the plea was the general issue with a notice of set-off. The facts were stipulated, and counsel for the respective parties agreed, in open court, that there being no question of fact to submit to the jury, the trial court should direct a verdict and judgment to be entered, as might be determined. Briefly stated, the facts as stipulated were as follows;

The plaintiff maintains a…