Nieman v. Winkler

Flannery, J.,

This matter comes before the court on plaintiff’s preliminary objections to defendant’s answer and counterclaim.

Plaintiff instituted this action in assumpsit against defendant seeking an accounting of all the gains and profits earned and received by defendant to which plaintiff was entitled and demanding judgment for the amount so indicated. The complaint alleges that on or about May 1, 1959, defendant employed plaintiff as a salesman under an oral contract. The alleged terms of the contract provide that defendant was to pay plaintiff 50 percent of the net profit realized on all…