Korry of California v. Lefkowitz

This is an action by plaintiff against one of its salesmen to recover “a balance on an open, mutual and current account.” Defendant appeals from an adverse judgment.

Plaintiff, a Los Angeles concern, manufactures and sells men’s ties. In early February, 1952, defendant was hired by plaintiff as a salesman. His territory was Texas and portions of Kansas and Oklahoma. Defendant remained in the employ of plaintiff until August, 1953. Because of the" expense of establishing himself in distant territory and his lack of funds, defendant stated “he would like an advance against his commission.” Such…