Kirchheimer v. Barrett
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honors, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court, For some years prior to 1904 appellant and Ms brother Sigmund carried on business in Chicago as partners under the firm name of Kirchheimer Brothers, and during the years 1900, 1901, 1902 and 1903 appellee was in their employ as city salesman.
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Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honors, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court, For some years prior to 1904 appellant and Ms brother Sigmund carried on business in Chicago as partners under the firm name of Kirchheimer Brothers, and during the years 1900, 1901, 1902 and 1903 appellee was in their employ as city salesman. The controversy in this case is as to whether Kirchheimer Brothers agreed to pay appellee any compensation for his services during the…
1Opinion of the Court
Hr. Justice Baker
delivered the opinion of the court.
Appellee testified that he was employed by Kirchheimer Brothers early in January, 1903, for that year; that the agreement was that he should receive as his compensation for that year forty-five per cent, of the profits on sales made by him; that out of the gross profits on his sales ten per cent, should be taken by Kirchheimer Brothers for expenses and the remaining ninety per cent, divided equally, forty-five per cent, to the firm, and forty-five per cent, to appellee, but that in any event appellee should receive, as a guaranteed salary,…
2Cases cited1 opinion
- Perry v. Simpson Waterproof Manufacturing Co.Supreme Court of Connecticut · 1873
3Cited by2 opinions
- Collura v. Board of Police CommissionersAppellate Court of Illinois · 1985
- Deffler v. LoudenbackAppellate Court of Illinois · 1924