Producers' Lumber Co. v. Guiniven
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1916, No. 255, for want of a sufficient affidavit of defense in case of Producers’ Lumber Company, a Corporation, for the Use of J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons and J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons, Successors to the Producers’ Lumber Company, v. John J.…
Read the full summary
Appeal, No. 168, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1916, No. 255, for want of a sufficient affidavit of defense in case of Producers’ Lumber Company, a Corporation, for the Use of J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons and J. Edwards Smith and Franklin A. Smith, Jr., Copartners, Trading as Franklin A. Smith & Sons, Successors to the Producers’ Lumber Company, v. John J. G-uiniven. Assumpsit to recover amount paid to employee on drawing account. Before Audenried, P. J. The facts appear by…
1Opinion of the Court
Per Curiam,
It appears from the record in this case, that defendant was employed as manager of a department of plaintiffs’ business, and was to receive as compensation a sum equal to one-half of the net profits of the department. He was to have a drawn account of a fixed sum per month which was to be charged to him as' against the amount of compensation to which he might be ultimately entitled. It turned out, however, that, owing to losses through bad accounts, the business of defendant’s department yielded no profits during the period in question; and, as a result, the defendant was indebted…
2Cited by4 opinions
- Snellenburg Clothing Co. v. LevittSupreme Court of Pennsylvania · 1924
- Fletcher, Barnhardt & White, Inc. v. MatthewsCourt of Appeals of North Carolina · 1990
- Liberty Nat. Life Ins. Co. v. LongshoreSupreme Court of Alabama · 1931
- Mersel v. Alper Blouse Co.Superior Court of Pennsylvania · 1951