Middleton v. Wohlgemuth

Jenks, J.:

This is an appeal from a.judgment of the Municipal Court. The plaintiff "sues for $140. He was the agent of a motor car manufacturer,. entitled to a fixed commission on" the sale of "each car. He sold a motor car. to the defendant. The regular price of.it was .$740, but he accepted $600 on the express agreement that, the defendant would sell for him two. motor cars within a definite period, and if not, then the défendant would pay $740. The- said regular price included the fixed commission of the plaintiff, which was $140. The action in effect, then, is to recover the full price,…