Legal Opinion

Righter v. Guenther Lumber Co.

Superior Court of Pennsylvania

Decided May 8, 1916No. Appeal, No. 317Published

Appeal, No. 317, Oct. T., 1915, by defendant, from judgment of Municipal • Ct., Sept. T., 1914, No. 64, on verdict for plaintiff in case of Frederick C. Righter v. Guenther Lumber Company. Assumpsit for salary. • The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $177.30. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

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Appeal, No. 317, Oct. T., 1915, by defendant, from judgment of Municipal • Ct., Sept. T., 1914, No. 64, on verdict for plaintiff in case of Frederick C. Righter v. Guenther Lumber Company. Assumpsit for salary. • The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $177.30. Defendant appealed. Error assigned was in refusing binding instructions for defendant. The principal sometimes guarantees that the agent’s contemplated commissions shall amount to a minimum sum in a given period; but an agreement by the principal to advance to the agent, at regular…

1Opinion of the Court

Opinion by

Trexler, .J.,

The plaintiff wrote a letter to the defendant in which he stated the terms upon which he would enter its employ. He was to take the management of a department of its business and to buy and sell for it. He was to be paid on a commission basis. Plaintiff testified that his offer was accepted and that he entered the employ of the defendant. He was furnished with business cards, advertising samples, and a stock list. He secured some orders and worked for the company for four weeks. He gave the company a list of his customers with some of his stationery, and the…

2Cases cited4 opinions

  1. Beaver Borough v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1907
  2. Clark v. MillettSuperior Court of Pennsylvania · 1914
  3. Rotograph Co. v. CressmanSuperior Court of Pennsylvania · 1909
  4. Pitcairn v. ScullySupreme Court of Pennsylvania · 1916

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