Gabler v. Isaac Goldman Co.

This is an action by a salesman against his employer to recover for services rendered and commissions. The complaint contains two counts, one on quantum meruit and the other on agreements as to compensation. At the trial the case finally narrowed down to the issue whether plaintiff was to receive in full a certain service charge of five per cent paid by the customers on the amounts of their orders, or whether he was to receive but half of it, the other half to go to the defendant.

According to plaintiff he refused to accede to a change in the terms of his employment by which he would be…