Kilian v. Better Boxes, Inc.

CAYTON, Acting Associate Judge.

Appeal-by plaintiff from a judgment entered on a. jury verdict denying h’is claim for compensation as manager of a box factory.

In his complaint plaintiff alleged that defendant had' agreed to pay him 5% of gross sales, that during his employment gross sales amounted to $84,000, and that after giving credit for certain adváiíces there was a balance of $3,000 due him. In an amended complaint.he pitched his claim in the alternative on a quantum meruit basis. .

Defendant-..agreed that, plaintiff’s .cotm pensation was to be 5% of .gross sales, but contended that such…