Hintze v. Seaich

*277ELLETT, Justice:

The respondents, former employees of the appellant, filed this action to recover wages and commissions claimed to be due them. There are really three separate and distinct cases involved herein, and the discussion will be devoted first to the Hintze claim.

In his original complaint Mr. Hintze claimed that between January, 1959, and April, 1965, he earned commissions and/or wages in the amount of $800 and that the same had not been paid. After the answer was filed, Mr. Hintze amended his complaint and revised his claim upward and demanded $5,000 as the amount due him.

At pretrial…