Bobbie Brooks, Inc. v. Goldstein

BRADBURY, Justice.

This is a suit by Joseph Goldstein, plaintiff, against Bobbie Brooks, Inc., defendant, for commissions earned as a salesman and for attorney’s fees. The case was tried to a jury which answered all issues in favor of plaintiff. Judgment was entered for Gold-stein. Defendant appeals and we affirm.

Commencing in 1959, Goldstein was associated with M & D Simon Company as a salesman of men’s sportswear. His commissions were five percent of his sales and he paid his own expenses. Goldstein testified that his five percent commissions were based on 85 percent of “accepted bookings”.…