Faubion v. Tucker

SEYMOUR, Justice.

Appeal is taken from judgment on verdict in favor of plaintiff for compensatory damages of $100 and exemplary (punitive) damages of $1,125 based upon an alleged unlawful assault and battery committed by defendant on the body of plaintiff. Parties will be referred to in this decision as plaintiff and defendant.

Prior to the following events, plaintiff was an employee of defendant in the capacity of a salesman on commission. A difference arose between the parties, old friends, as to whether certain moneys constituted a commission and as to when they were to be paid by defendant…