Smith v. Geo. H. Weyer, Inc.

[1] This is an action to recover commissions alleged to be due the plaintiff under an oral contract of employment with the defendant. The petition was in four counts, and the cause was tried before the court without a jury. During the trial defendant admitted the allegations of counts 2, 3, and 4, leaving for determination the question of liability under count 1.

[2] The pleadings and the evidence disclose that in the year 1934 plaintiff was employed by the defendant as a salesman, and in consideration of his services he was allowed a drawing account of $100 a month and $3.50 a day for…