Carr v. Goodyear Tire & Rubber Co.

HOLLZER, District Judge.

This matter comes before the court on defendant’s motion for a summary judgment. Said motion is based upon the pleadings, the exhibits attached thereto, the depositions of plaintiff and one William Kemmel, an employee of defendant, and upon the exhibits attached to such depositions.

The complaint consists of three counts. The first sets forth a cause of action to recover an alleged balance due on commissions, claimed to have been earned under the terms of a certain agreement entered into between plaintiff and defendant under date of August 3, 1942, a copy of which is…