West Washington Cut Meat Center, Inc. v. Solomon

This action was instituted, in so far as the first cause of action, which was dismissed by the court, is concerned, *742to recover money paid by the plaintiff to defendant over a period of years on the theory of a mutual mistake of fact. Defendant was employed as a manager at a stipulated salary and a fixed percentage of the profits. Whether or not the agreement between the parties was in writing does not appear. At the end of each year defendant was to receive his share of the profits earned during the period of his yearly employment. There seems to be no dispute of the fact that as a result cf…