Shirley v. Ellis Drier Co.

Defendant appeals from a summary judgment for plaintiffs for $2,042.78, representing commissions earned by plaintiffs on sales for defendant of laundry machinery to the federal government.

Plaintiffs claimed an approximate amount of $8,000 from defendant, which in its answer stated as a partial defense that it was agreed the commission was to be paid upon the contract price after deducting freight, installation costs, penalties and discounts, and only when the contract price was fully paid. The trial court reserved for trial the issues made by this allegation and entered judgment for the…