Penberthy v. Nancy Transportation, Inc.

CRANE, Judge.

Defendant, Nancy Transportation, Inc. [Nancy], appeals from a judgment of the trial court entered on a jury verdict in favor of the plaintiff, Terry Penberthy, in the amount of $10,000 for breach of a sales commission agreement. We reverse and remand.

Nancy is an interstate trucking company with offices located in St. Louis County. On November 17, 1982, Thomas Grasso, President and owner of Nancy, signed a “Commission Sales Agreement” between Nancy and Penberthy. The agreement provides in relevant part:

Whereas, the SALES REPRESENTATIVE is Mr. Terry D. Penberthy engaged in the…