Denton v. Berset

MURRAY, Justice.

This suit was instituted by John B. Denton, d/b/a Denton Canning Company, against Harry O. Berset, seeking to recover a judgment in the sum of $274.96 for money had and received which it is alleged Berset agreed to repay. The trial was to the court and resulted in judgment that Denton take nothing, from which judgment he has prosecuted this appeal.

Appellee was employed to solicit fruit for appellant’s canning company. He was to be paid a commission of forty cents per ton for all fruit coming to the canning company that did not come from old customers. It was agreed that…