Phister v. Singer Co.

Lauranee Phister brought suit against the Singer Company to recover $6,411.77 which he claimed he had earned in commissions but had not been paid because he had been terminated. The court, sitting without a jury, found in favor of Singer and Phister appeals.

Singer filed a counterclaim, but did not present any supporting evidence. Neither did it complain of the failure of the trial court to rule upon it. In this court Singer urges the judgment be affirmed. In this posture, the counterclaim has been abandoned and is a dead issue. Palmer v. Lasswell, 279 S.W.2d 535, 537[5] (Mo.App.1955). See…