Militzer v. Kal-Die Casting Corp.

The problem presented by the facts in this appeal is one which frequently occurs within plaintiffs occupation.

Plaintiff, a manufacturer’s representative, began the solicitation, on behalf of various manufacturers, of Eaton, Yale & Towne Company as early as 1959. * 1 In 1965 defendant manufacturer agreed, orally, to pay plaintiff a 5% commission on all sales to customers he procured in western Michigan and it was understood by both parties at this time that plaintiff was to be particularly aggressive in soliciting Eaton.

Eaton’s account was obtained and became so substantial that Kal-Die had to…