La Plante v. Implement Dealers Mutual Fire Insurance

Morris, Ch. J.

In this action the plaintiff seeks to recover on a, contract of employment under which it is contended that the plaintiff was to. receive a stipulated salary and a commission on certain gross insurance premiums. The salary has been paid. The defendants deny that the contract of employment provided for commissions.

A pre-trial conference was held under the provisions of chapter 216, ND Sess. Laws 1943 at which both parties were represented by counsel. The pre-trial court at the completion of the conference entered an order requiring the defendant to either admit that the amount of…