Schaefer v. C. W. Whitman & Son

Plaintiff brought action before a justice of the peace to recover the sum of $26.45 as commissions claimed to have been earned by him in acting as defendant’s agent for the sale of potatoes. His action was based upon a parol contract to pay him five cents per bushel for all potatoes sold or for which he found purchasers from whom he took orders. Defendant’s answer was a general denial. A trial was had to a jury, resulting in a verdict for plaintiff in the full amount claimed. Plaintiff thereupon remitted all in excess of $24.45, and judgment for the latter amount was rendered against the…