Parrack v. Wittman

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover commissions alleged to be due for the sale of merchandise under an oral contract of employment. From an order of the trial court overruling their demurrer to plantifFs petition, as amended, defendants appeal. Plaintiff did not appear in this court or make any attempt to defend the trial court’s rulings on the questions presented. We do not approve of such action on the part of a prevailing party.

Summarizing the petition, as amended, it alleged defendants were partners in the merchandising business, and on…