Sutton v. Avery

This was a suit on the common counts with bill of particulars for money advanced by the plaintiff to the defendant. The finding is not subject to material correction. It may be summarized as follows: The defendant was employed by the plaintiff to sell, on commission, baby chicks raised by the latter. It was agreed that the parties would settle their accounts each week. The defendant was not very successful in obtaining orders and his commissions were insufficient to pay his necessary living expenses, in- eluding the cost of operating the automobile purchased by him for use in the business..…