Cox v. Erwin

Pope, Presiding Judge.

Ronald Cox claims his employer failed to pay him the full commissions he earned during his tenure as a salesman of lumber and *440building materials. He also claims that the defendants fraudulently induced him to continue his employment. The trial court granted summary judgment on these claims, and Cox appeals.

It is undisputed that Cox was an at-will independent contractor of Ervac, Inc. and that he did not have a written agreement stating that he was going to be paid a set commission. Cox claims that in either 1987 or 1988, or possibly as early as 1984, Ervac agreed to pay…