Thompson v. ALD, New York, Inc.

Plaintiff signed the sales agreement, designating plaintiff as Buyer and P. McElheney as Salesman, after he had been advised positively by DeBoer that he (plaintiff) was not .entitled to the com*324mission. Thereafter, plaintiff received the equipment and paid the full purchase price therefor. Whether these facts, if they had been properly pleaded, would be sufficient to estop plaintiff from asserting a claim for commission, need not be decided or discussed.

■ The basic question is whether, independent of estoppel, plaintiff was entitled to a commission on the sale price of the equipment he…