Zimmerman v. Enterprise Wall Paper Manufacturing Co.

On June 22, 1948 plaintiff was employed by defendant as a salesman at a commission of 6% on net sales. Plaintiff was to have a drawing account against commissions. If the commissions were less than the drawing account, plaintiff was to pay the excess to defendant at the termination of the agreement. The agreement was for one year from July 1, 1948, and thereafter from year to year on the same terms and conditions unless either party gave the other 90 days’ notice in writing of election to terminate. Plaintiff was discharged on August 27, 1957. On October 28, 1957 plaintiff instituted this…