Legal Opinion

Gettys v. MacK Trucks, Inc.

Court of Appeals of Georgia

Decided April 9, 1963No. 39869PublishedCited by 5 opinions

1Opinion of the Court

Russell, Judge.

1. A petition seeking recovery of commissions under a contract of employment, which sets out an enforceable contract between the parties and alleges that the defendant is indebted to the plaintiff for a stated sum due thereunder which it fails and refuses to pay although demand has been made, is not subject to a motion to dismiss on the sole ground that no cause is set forth. Keith v. Darby, 104 Ga. App. 624 (2) (122 SE2d 463).

2. A provision of such contract reciting: “The decisions of the president or vice-president, sales or general sales manager of the corporation shall be…

2Cases cited3 opinions

  1. State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
  2. Parsons v. AmbosSupreme Court of Georgia · 1904
  3. Keith v. DarbyCourt of Appeals of Georgia · 1961

3Cited by5 opinions

  1. Sasser & Co. v. GriffinCourt of Appeals of Georgia · 1974
  2. Anderson v. Automatic Sprinkler Corp.Court of Appeals of Georgia · 1978
  3. Cobb v. Network Cinema Corp.District Court, N.D. Georgia · 1972
  4. Wright v. Cecil A. Mason Construction Co.Court of Appeals of Georgia · 1967
  5. Caribbean Lumber Co. v. AndersonCourt of Appeals of Georgia · 1992

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