Aikins v. Thackara Mfg. Co.
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1900, by defendant, in suit of Robert J. Aikins against Thackara Manufacturing Company, from judgment of C. P. No. 8, Phila. Co., Dec. Term, 1897, No. 323, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before McCarthy, J. It appears from the record and evidence that under a verbal contract plaintiff claimed commissions for sales made through him.
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Appeal, No. 89, Oct. T., 1900, by defendant, in suit of Robert J. Aikins against Thackara Manufacturing Company, from judgment of C. P. No. 8, Phila. Co., Dec. Term, 1897, No. 323, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before McCarthy, J. It appears from the record and evidence that under a verbal contract plaintiff claimed commissions for sales made through him. Defendant contended that plaintiff was not to be paid commissions unless the goods were taken and paid for. This was denied by plaintiff, who testified that under the contract he was entitled to commissions…
1Opinion of the Court
Opinion by
W. D. Portee, J.,
The plaintiff was employed by the defendant company, his compensation to be determined by commissions upon the sales which he effected, and this action was brought to recover a balance alleged to be due him. The defendant company, in its printed history of the case, admits that the only sales, as to the right of the plaintiff to commissions on which the jury were called upon to pass, were upon orders which had been presented to and accepted by the defendant company. The contract under which the parties acted was verbal. The plaintiff contended that the agreement was…
2Cases cited2 opinions
- Restein v. McCadden & Bro.Supreme Court of Pennsylvania · 1895
- Lindsay v. Carbon Steel Co.Supreme Court of Pennsylvania · 1900
3Cited by7 opinions
- Aber v. Pennsylvania Co. for Insurances on LivesSupreme Court of Pennsylvania · 1921
- Republic Foreign Products Co. v. Southwark Foundry & Machine Co.Supreme Court of Pennsylvania · 1921
- Newhall v. Victor Box Mfg. Co.Supreme Court of Pennsylvania · 1921
- Klein Manufacturing Co. v. MorganNebraska Supreme Court · 1922
- Malta v. Houck, Pennsylvania Court of Common Pleas, Philadelphia County1954
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