George Tritch Hardware Co. v. Donovan

DONOVAN had judgment against the plaintiff in error in an action to recover pay for his services as salesman, and upon an assigned claim for like services of one Ninneman. The defendant brings error. We think the judgment must be affirmed.

Since the two claims are in all essentials alike, we will speak of one only.

Plaintiff was employed March 6, 1919, and continued in the defendant’s employ till January 1, 1920, under an oral contract. Defendant claims this contract was entirely independent, but plaintiff says it was agreed that the compensation under this employment sho'uld be regarded as…