Horowitz v. La France Industries, Inc.

The action was brought to recover commissions allegedly due plaintiff and to recover upon a running account. Defendant was a corporation engaged in the manufacture and sale of upholstery fabrics. The answer contained a general *47denial, and also pleaded a defense of modification of the terms of the employment and an account stated. ,

Plaintiff was employed as a salesman on a commission basis. The arrangement was oral and no definite term of employment had been agreed upon. Branch managers who supervised the salesmen, such as the plaintiff, would themselves make sales, but only to furniture…