Dokken v. W. L. Huffman Automobile Co.
South Dakota Supreme Court
Appeal from Municipal! Court of the Ciify of Sioux Falls. ’Hon. Alpha F. Orr, Judge. Action by I. H. Doltken, against the W. L. Huffman Automobile Company, to recover plaintiff’s salary and commissions for his services as employee of defenldianit. From a judgment for plaintiff, and- from an order denying a new trial, defendant appeals. (2) To point two of itihie opinion, Appellant cited1: Civ.
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Appeal from Municipal! Court of the Ciify of Sioux Falls. ’Hon. Alpha F. Orr, Judge. Action by I. H. Doltken, against the W. L. Huffman Automobile Company, to recover plaintiff’s salary and commissions for his services as employee of defenldianit. From a judgment for plaintiff, and- from an order denying a new trial, defendant appeals. (2) To point two of itihie opinion, Appellant cited1: Civ. Code, Secs. 1477, 1478, 1479; Crone Miller v. Duluth Superior Milling Company, (Wis.), 114 N. W. 432, 433; Dodson Braun Mfg. Company v. Di-cks, (Tex.) 76 S. W. 451.
1Opinion of the CourtGates, J.
Plaintiff was employed by defendant on July 1, 1916, as manager of its Sioux Falls branch office. It is conceded by defendant thialt his salary .was to ¡be $100 per month. It is claimed by the plaintiff, but denied by defendant, that in addition to the salary he was to receive 'a commission of $5 per oar upon all cars delivered from the brandh office. Defendant also claimed, but plaintiff denied, that the employment was -with the understanding that either party might discontinue the agreement at any time on notice to the other party. Plaintiff was notified, on Ootoiber 5, 1916, that…
2Cases cited1 opinion
- Spaulding v. PittsSouth Dakota Supreme Court · 1910
3Cited by1 opinion
- Kent v. Allied Oil & Supply, Inc.South Dakota Supreme Court · 1978