Wiseberg v. Novelty Hat Manufacturing Co.
Court of Appeals of Georgia
Complaint, from city court of Atlanta- — Judge Eeid. March 28, 1907. Wiseberg brought suit against the Novelty Hat Manufacturing Company upon a contract which provided that the said Wise-berg “agrees to work in the employ of the Novelty Hat Manufacturing Company, both in the house and on the road, as traveling. salesman, for which he is to receive $100 per month, provided his sales'average $25,000 per annum; and it is also agreed that Wise-berg is to receive a' commission of…
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Complaint, from city court of Atlanta- — Judge Eeid. March 28, 1907. Wiseberg brought suit against the Novelty Hat Manufacturing Company upon a contract which provided that the said Wise-berg “agrees to work in the employ of the Novelty Hat Manufacturing Company, both in the house and on the road, as traveling. salesman, for which he is to receive $100 per month, provided his sales'average $25,000 per annum; and it is also agreed that Wise-berg is to receive a' commission of five-per cent, on all sales over and above that amount.” The contract was to continue one year from November 1, 1903,…
1Opinion of the CourtHun, C. J.
1. The motion to dismiss the bill of exceptions is denied, on all the grounds stated. Civil Code, §§5565, 5569; Continental Insurance Co. v. Wickham, 110 Ga. 131 (35 S. E. 287); Scott v. Whipple, 116 Ga. 211 (42 S. E. 519); Anderson v. Newton, 123 Ga. 518 (51 S. E. 508); Strickland v. Thornton, 2 Ga. App. 377 (58 S. E. 540); Gleason v. Traynham, 111 Ga. 887 (36 S. E. 969); Taylor v. McLaughlin, 120 Ga. 705 (48 S. E. 203).
2. Recoupment and set-off lie for overpayments, and the motion to strike such plea was properly overruled. Civil Code, §3758; Petit v. Teal, 57 Ga. 145; Bracken v. Dillon, 64…
2Cases cited8 opinions
- Anderson v. NewtonSupreme Court of Georgia · 1905
- Novelty Hat Manufacturing Co. v. WisebergSupreme Court of Georgia · 1906
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- Continental Insurance v. WickhamSupreme Court of Georgia · 1900
- Scott v. WhippleSupreme Court of Georgia · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Southern Grocery Stores Inc. v. GreerCourt of Appeals of Georgia · 1942
- Rhodes v. Inland-Rome, Inc.Court of Appeals of Georgia · 1990