Allen v. Chicago Pneumatic Tool Co.
Massachusetts Supreme Judicial Court
Contbact by the assignee of all claims of Orrin S. Hammack against the defendant for compensation for services and for commissions as salesman under the manager of the defendant’s stone tool department, accrued or to accrue under a renewal of an agreement in writing between Hammack and the defendant dated February 15,1906, for the amounts thus due to Hammack, which he was alleged to have assigned to the plaintiff by an instrument in writing dated January 4, 1908. Writ dated…
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Contbact by the assignee of all claims of Orrin S. Hammack against the defendant for compensation for services and for commissions as salesman under the manager of the defendant’s stone tool department, accrued or to accrue under a renewal of an agreement in writing between Hammack and the defendant dated February 15,1906, for the amounts thus due to Hammack, which he was alleged to have assigned to the plaintiff by an instrument in writing dated January 4, 1908. Writ dated April 8, 1908. The contract between the defendant and Hammack, of which a copy was annexed to the declaration, was as…
1Opinion of the CourtHammond, J.
The main questions are first what was the nature of the contract under which Hammack, the plaintiff’s assignor, was at work at the time he received notice of his dismissal, and second, what was the nature of the assignment.
1. The only written contract was that of February 15,1906. By this contract the defendant agreed to employ Hammack, the plaintiff’s assignor, for a period of one year from its date, and to pay him as salary $2,100 “ per year ” payable in equal monthly instalments at the end of each month, and also to pay him a certain commission upon certain sales, “ this commission to be…
2Cases cited3 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Dunton v. Derby Desk Co.Massachusetts Supreme Judicial Court · 1904
3Cited by8 opinions
- In Re James S. Nance, Bankrupt. Appeal of Coolidge Bank and Trust CompanyCourt of Appeals for the First Circuit · 1977
- Brainard v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1937
- Hawes Office System Inc. v. Wang Laboratories, Inc.District Court, E.D. New York · 1982
- Horton v. Wickwire Spencer Steel Corp.Massachusetts Supreme Judicial Court · 1921
- Rhine v. International Young Men's Christian Ass'nMassachusetts Supreme Judicial Court · 1959
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