Leeseberg v. Builders Plumbing Supply Co.

Plaintiff acted as a wholesale jobber for defendant, Builders Plumbing Supply Company, from 1958 until 1962. Defendant extended credit to plaintiff on an open account basis, and payments were made on a fairly regular basis, with the account ranging from $16,000 to $21,000 during this period,

Early in 1962 plaintiff went out of the wholesale jobber business and sold directly on a commission basis for the defendant. It was agreed that plaintiff would endeavor to sell his inventory and apply part of the proceeds as well as a part of his commission on the unpaid balance due to defendant. Trouble…