Tonkoff v. Roche Fruit & Produce Co.

According to the amended complaint, between September 1, 1923, and June 30, 1924, the respondent delivered to the appellant, a commission merchant, for sale on commission, a large quantity of apples, and the appellant deducted from the proceeds of the sale over $2,000; it is claimed that, pursuant to ch. 134, Laws of 1923, p. 366 [Rem. 1923 Sup., § 8292], the appellant could not have legally charged over $1,200. The prayer is made for the amount of the over-payment. According to the appellant’s answer, the respondent and appellant entered into an oral contract by which the appellant was to…