Buffington v. Brand Stove Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Franhlin Ferris, Judge. An appellant’s commissions are not affected by the prices at which respondent sells goods to his customers. Under the contract he is entitled to fifteen per cent on the amount of goods sold by respondent to his customers, whatever price it may see fit to sell at. The provision of the contract quoted above is penal in its nature.
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Appeal from the St. Louis City Circuit Court. — Hon. Franhlin Ferris, Judge. An appellant’s commissions are not affected by the prices at which respondent sells goods to his customers. Under the contract he is entitled to fifteen per cent on the amount of goods sold by respondent to his customers, whatever price it may see fit to sell at. The provision of the contract quoted above is penal in its nature. It provides and imposes a penalty of ten per cent on appellant when he sells goods at lower rates of discount than those allowed by the contract. We could, with great propriety, rest our case…
1Opinion of the CourtBiggs, J.
The plaintiff was employed by the defendant to sell stoves and ranges on commission. The contract between the parties was in writing. The defendant agreed to pay plaintiff “a commission on all orders obtained by him or received from his customers direct in the territory herein-before provided for, as hereinafter provided: Fifteen per cent commission on the first $10,000 of orders accepted and shipped, ten per cent commission on the excess up to $20,000 on orders accepted and shipped, five per cent commission on the excess of any amounts exceeding $20,000 on orders acr cep'ted and shipped. It…
2Cited by1 opinion
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