Legal Opinion

Schwartz v. Teunisz

California Court of Appeal

Decided December 13, 1946No. Civ. No. 15340Published

1Opinion of the CourtMcCOMB, J.

From a judgment in favor of plaintiff, after trial before the court without a jury, in an action to recover commissions allegedly due under the terms of a sales manager’s contract for the sale of franchises covering new type milk bottle patents owned by defendants and known as the “Modern Top Milk Bottle Combination, ’ ’ defendants appeal.

The material portion of the contract between plaintiff and defendants is as follows:

Date: May 25, 1939

Position: Sales Manager

Commissions: A. Personal Franchise Commission of 25 per cent upon the gross proceeds received by the company upon franchises sold by…

2Cases cited4 opinions

  1. Central Oil Co. v. Southern Refining Co.California Supreme Court · 1908
  2. Winter v. KittoCalifornia Court of Appeal · 1929
  3. Mathews v. Pacific Mutual Life InsuranceCalifornia Court of Appeal · 1941
  4. Martinelli v. HogrefeCalifornia Court of Appeal · 1932

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