Treasure Cay, Ltd. v. Gentile

On the basis of our review of the briefs and the record on appeal we are of the opinion that the defendant has failed to make error clearly appear. Although we affirm the trial court’s determination in all respects including the finding that plaintiff earned a managerial sales commission in connection with the sale of defendant’s property, we are however of the view that the amount of the commission fixed by the trial court was in error. The final judgment reflects a finding of fact that the commission to be paid to the plaintiff was as follows:

“ . . . [O]n a weekly salary basis and a…