O'Neill v. Eberhard Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 2. Plaintiff brought this action to recover salary and commissions earned as a traveling salesman for defendant. The cause was tried by the court without the intervention of a jury. Findings of fact were made, and a judgment rendered in favor of plaintiff for $774.74. Defendant appeals.
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From Multnomah: Robert G. Morrow, Judge. Department 2. Plaintiff brought this action to recover salary and commissions earned as a traveling salesman for defendant. The cause was tried by the court without the intervention of a jury. Findings of fact were made, and a judgment rendered in favor of plaintiff for $774.74. Defendant appeals. The defendant is a California corporation conducting a selling agency on the Pacific coast for Ingersoll watches and fobs, Gem razors and Evans fountain-pens. Plaintiff is a traveling salesman and was employed by defendant on December 21, 1917, to solicit…
1Opinion of the CourtBean, J.
The controversy in this case, with the exception of some small items which are not contested, centers around the following proposition: As will be noticed by the portion of the contract set forth, it was understood that the plaintiff was assigned a certain allotment of models of Ingersoll watches for each month and was to be penalized if he failed to dispose of any part of the allotment. Owing to war conditions and interruptions of freight transportation, and a shortage of shipments from the factories, he was required by instructions not to oversell his monthly allotment. A portion of one…
2Cases cited13 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Fields v. Western Union Telegraph Co.Oregon Supreme Court · 1913
- Smith v. BaduraOregon Supreme Court · 1914
- Friede v. White Co.District Court, S.D. New York · 1917
- Stone v. ArgersingerAppellate Division of the Supreme Court of the State of New York · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Portfolio Recovery Associates, LLC v. SandersOregon Supreme Court · 2020
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Portfolio Recovery Assocs., LLC v. SandersCourt of Appeals of Oregon · 2018
- California Pear Growers Ass'n v. HerspringCalifornia Court of Appeal · 1923
- Halvorson v. Blue Mt. Prune Growers Co-Op.Oregon Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.