Winter Cigar Co. v. Burman

Opinion by

Mr. Justice Teller:

The defendant in error brought suit against the plaintiff in error for ail accounting, claiming an unpaid balance as a commission salesman.

• The defense, among other things, was that the plaintiff had been paid every month his commissions for the previous month by a. check marked “balance in full.”

Upon the trial, there was introduced in evidence eight checks, to the order of the plaintiff, each of which bore the following memorandum, “Your indorsement is receipt in full for salary in full to,” giving the respective dates.

The plaintiff testified that, when he…