Blackwell v. Glidden Co.

Finch, J.:

The plaintiff sued upon an alleged oral agreement to pay him a weekly salary plus ten per cent commission on the gross amount of sales made-by or through the procurement of the plaintiff. All the salary has been paid, and this action was brought for the commissions. The defendant denied that there was any agreement except to pay a weekly salary. • The defendant’s liability was, therefore, predicated on a clear issue of fact, namely, whether or *318not there was an agreement to pay commissions in addition to salary. This issue the court in its charge clearly submitted to the jury,…