Merrill v. Continental Assurance Co.

Plaintiff-appellant Edward W. Merrill, doing business as Merrill Insurance Agency, brought this action against defendant-respondent Continental Assurance Company, a corporation, to recover $9,000 damages for claimed breach of a general agency contract. A second cause of action was for claimed misrepresentations of defendant in reference to one David O, Cook, employed by plaintiff on representation by defendant that Cook was a $400,000-per-year “producer” of insurance policies, when in fact he produced a lesser amount. Plaintiff thereby claims that he suffered a loss of $3,600.

On April 23,…