Honeysett v. the White Co.

Opinion by

Linn, J.,

Plaintiff has judgment for commissions. The defense was that the commissions had not been earned, and accord and satisfaction. On the facts found and on the undisputed evidence judgment should have gone the other way.

Plaintiff was employed at a salary of $250 a month and specified rates of commission on motor trucks sold by him. In consequence of a difference between him and defendant, he tendered his resignation on October 12 to take effect October 31. The defendant declined to accept the resignation and under a clause in the contract, discharged him on October 16. He had…