Featherstone Foundry & Machine Co. v. Criswell

Roby, J.-

Appellee sued appellant for $2,500 alleged to be due under an oral contract for the payment of a commission upon sales made by appellant in its “refrigerating department” during the term of appellee’s employment by it as a general agent, such commission being in addition to a salary of $175 per month and expenses paid to him by it. He recovered according to the theory of the complaint. The issue was made by general denial and an answer of payment which was also denied. Error is assigned upon overruling the motion for a new trial. The reasons given for a new trial will be considered…