Wilson v. Naumann

Sutton, C. .J.

Both parties have cited Smith v. Franklin Printing Co., 54 Ga. App. 385 (2) (187 S. E. 904), as setting forth the law applicable to the present case. It was there ruled: “Where a principal advances money to his agent on a drawing-account against his commission to be earned as a salesman for selling merchandise, and his commission does not amount to the sum advanced, the employer cannot, in the absence of an express or implied agreement, or promise to repay any excess of advances over the commissions earned, recover such excess from the employee. [Citations.] ”

The question raised…