Klerlein v. Fred Werner Co., Inc.

Opinion by

Keller, J.,

The learned court below in entering judgment for the defendant non obstante veredicto inadvertently fell into error as respects certain facts, which may have affected its action.(1) The plaintiff did not ask for an accounting, or claim commissions due him in this action, from May, 1920, to April 30, 1925, as stated by the court, but only from July 1, 1924, to April 30, 1925. In his statement of claim he expressly limited his demand to commissions earned since July 1, 1924.(2) The meeting of stockholders of the defendant company at which it was unanimously resolved that…