Nu-Tone Products Co. v. Markham

I respectfully dissent. The contract here is substan*562tially the same as the one set forth in detail in Badger v. Nu-Tone, 162 Colo. 216, 425 P.2d 698. We there held that where a contract of employment provides that advances to the employee are to be charged to and deducted from the commissions agreed upon as the same may accrue, the employer, in the absence of an express or-implied promise to repay any excess of advances over commissions earned, cannot recover such excess from the employee.. It is true, as the majority pointed out, that the court went beyond the four corners of the instruments…