Westlake v. Perfection Plastic Engineering Co.

Kun, P. J.,

Plaintiff filed a bill against defendant, alleging that he had been employed by defendant to solicit and obtain orders for certain articles, and that he was to receive five percent commission on the gross sales price. The alleged contract between the parties was based by plaintiff on a letter written by him to defendant referring to the subject matter and containing the following: “It is our understanding that you will pay the Eav-Tex Company [plaintiff’s trade name] a commission of 5% on all battery spacer business received from Exide . . . Please acknowledge receipt of this…