Kowal v. Sportswear by Revere, Inc.

This is an action of contract brought by the administrator of the estate of Joseph E. Prince to recover for commissions for sales made by Prince under a written contract. The defendant’s answer contained, among other things, a declaration in set-off alleging that it had overpaid Prince’s estate in the amount of IIJOS.S?. The case was submitted on a statement of agreed facts. The judge ordered judgment for the defendant on the plaintiff’s amended declaration and for the plaintiff (original defendant) on the declaration in set-off. The plaintiff appealed.

Prince had represented the defendant as…