Mienes v. Lucker Sales Co.

STONE, Justice.

Tried without a jury, this case resulted in a decision for plaintiff. Defendant appeals from the order denying its alternative motion for amended findings or a new trial.

From September 12, 1928, to April 5, 1930, plaintiff was in the employ of defendant as a salesman of radio receiving sets under a written contract, which, on the latter date, was lawfully terminated by defendant. The decision below awarded plaintiff a recovery of $1,384.76. It was based upon application of the following determinative provisions of the contract.

“Merchandise must be sold at our regular dealer…