Meyer-Bridges Co. v. Badeau
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse Ii. Wilkinson, Judge. Bad'eau, .the appellee, was plaintiff in the court below; the Meyer-Bridges Company, the appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Plaintiff sued for $119.92 for commissions on sales made by him as defendants’ salesman.
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From the circuit court of Pike county. Hon. Moyse Ii. Wilkinson, Judge. Bad'eau, .the appellee, was plaintiff in the court below; the Meyer-Bridges Company, the appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Plaintiff sued for $119.92 for commissions on sales made by him as defendants’ salesman. Appellant’s evidence is that it would, owe appellee $118.65, if it were not for losses on sales made by appellee to parties who did not pay their accounts, but became bankrupt or died insolvent. The appellant made cross-demand. in the suit…
1Opinion of the CourtWhiteield, C. J.
The stipulation by Badeau as to losses on customers with whom he dealt for the appellant, is not within the statute of frauds. His agreement was a part of the original contract under which he was to sell the goods, and was in no manner a collateral agreement. See Timberlake v. Thayer, 76 Miss., 76, 23 South., 767. Besides, it may be observed that it was not for the appellee to take one-half the gross profits, and then object to paying his half of the losses; the whole subject-matter being embraced in one single contract.
We think the proof of the losses is sufficiently clear to have been…
2Cases cited1 opinion
- Timberlake v. ThayerMississippi Supreme Court · 1898