Perma-Home Corp. v. Lazarus

This is an action of contract in which the plaintiff seeks to recover the sum *133of $2,405.00 on an account annexed. The defendant’s answer was a general denial, illegal transaction, excuse from performance and estoppel.

At the trial there was evidence tending to show the following: The defendant was a salesman in the employment of the plaintiff corporation from June 5, 1964,. until February 19, 1965. The defendant was employed on a so-called “draw against commission basis”; at the termination of the defendant’s employment with the plaintiff corporation his drawing account exceeded commissions…