Van Dusen v. Single Ply International, Inc.

ORFINGER, Judge.

Plaintiff below appeals a summary final judgment entered in favor of defendant Single Ply International, Inc. of Florida (Single Ply). We reverse.

Van Dusen sued Single Ply on the basis of an employment contract, alleging that he was due commissions on roofing jobs which he had estimated for his employer, and that he was also due salary for performing manual labor at the employer’s request. Defendant claimed offsets against the commissions and denied that plaintiff had been authorized to perform manual labor. Defendant’s affidavits do not conclusively demonstrate the absence of…