Huntsman v. Eldon Miller, Inc.

Plaintiff seeks recovery of certain funds withheld from his earnings, and also from his assignor, under the provisions of a contract entered into between defendant and his assignor. It is conceded that such a contract was duly executed, that funds were withheld and that the terms of the contract authorized such. The chief question presented is whether or not the withholding clauses provide for a penalty, as contended by plaintiff, and hence void. The trial court, under rule 105, R. C. P., held them to be void and entered judgment for the amount withheld. Defendant appeals.

The clauses of the…