Halvorson v. Tarnow

The appeal is based upon three grounds: (1) Plaintiff cannot recover on the theory of an express contract (a) because plaintiff’s testimony shows there was no express contract, (b) if a contract can be implied from the facts it was a contract to pay commissions on orders shipped to customers and by plaintiff’s own statement all such commissions were paid, (c) the contract between the parties as found by the trial court is void because of lack of mutuality, (d) if there was any contract it was made with the predecessor corporation; there is no evidence that there ever was a contract made…