Martin Milling Co. v. Evelyn

Involved herein is the question whether plaintiff can recover advances made to the defendant in excess of commissions earned in the absence of a specific agreement for such recovery.

Defendant, Larry Evelyn, entered the employ of plaintiff, Martin Milling Co., as a salesman on a commisison basis in September 1958. He was so employed until approximately April 1, 1962, when plaintiff, without notice to the defendant, went out of business, thus terminating his employment.

Previous to April 1, 1961, defendant had a drawing account of $162.50 per week. At that time, he had received advancements of…