Bertholf v. Fisk
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — Eskil C. Carlson, Judge. Action for damages for breach of a contract of employment. By a second count, also, the plaintiff claimed a commission of $25 for the salé of a motor truck. The defense was a general denial and certain counterclaims. At the close of the evidence, the trial court dismissed plaintiff’s first count and submitted to the jury plaintiff’s second count and the counterclaims of the defendant.
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Appeal from Des Moines Municipal Court. — Eskil C. Carlson, Judge. Action for damages for breach of a contract of employment. By a second count, also, the plaintiff claimed a commission of $25 for the salé of a motor truck. The defense was a general denial and certain counterclaims. At the close of the evidence, the trial court dismissed plaintiff’s first count and submitted to the jury plaintiff’s second count and the counterclaims of the defendant. There was a verdict for the plaintiff, on the second count, for $25, and he has appealed. — Affirmed in part; reversed in part.
1Opinion of the CourtEvans, J.
1. Master and servant: wrongful discharge: damages: mitigation: burden of proof. I. The defendant Fisk was engaged in the business of selling automobiles on commission for the Guarantee Motors Company. He entered into a written contract of employment with the plaintiff, whereby, for a consideration of $500 paid by the plaintiff, the defendant employed him for a period of six months, at an agreed compensation of $20 per week, and a further compensation of one half the net profits upon all sales of automobiles which the plaintiff might make in such period. The employment continued for eleven…
2Cases cited4 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Worthington v. Oak & Highland Park Improvement Co.Supreme Court of Iowa · 1896
- Kelley v. Royal Neighbors of AmericaSupreme Court of Iowa · 1913
3Cited by4 opinions
- Holden v. Construction MacHinery CompanySupreme Court of Iowa · 1972
- Mayrath Company v. HelgesonSupreme Court of Iowa · 1966
- Spurck v. Civil Service BoardSupreme Court of Minnesota · 1950
- Breen v. Central Iowa Power & Light Co.Supreme Court of Iowa · 1929