Johnson v. Peterbilt of Fargo, Inc.

Mike Johnson was a salesman for Peter-bilt of Fargo, Inc. Their written “Salesman’s Compensation Agreement” said:

“THE SALESMAN AGREES TO DEVOTE HIS FULL TIME AND SERVICES TO THE COMPANY IN THE CAPACITY OF SALESMAN.

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“COMPENSATION

“THE COMPANY WILL PAY AND SALESMAN WILL ACCEPT AS THE ENTIRE COMPENSATION FOR SERVICES TO BE PERFORMED AS FOLLOWS:

“NEW AND USED — TRUCKS, TRAILERS, & GLIDER KITS “10% OR MORE GROSS PROFIT = 30% OF GROSS PROFIT “0% — 9.99% GROSS PROFIT = 25% OF GROSS PROFIT

“ALL THE ABOVE PERCENTAGES WILL BE COMPUTED FROM TOTAL COST (TOTAL COST TO INCLUDE FREIGHT AND SERVICE…