BERLINER v. BEE EM MFG. CO.


383 Pa. 458 (1956)

Berliner v. Bee Em Manufacturing Company, Appellant.

Supreme Court of Pennsylvania.

January 3, 1956.


Attorney(s) appearing for the Case

Abram P. Piwosky, for appellant.

I. Raymond Kremer, with him Morris L. Rush, and Rush, Kremer & Maerz, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, January 3, 1956:

Plaintiffs filed a complaint in assumpsit on an oral contract of employment as salesmen on a commission basis, and the defendant filed an answer and amended answer. The commissions were paid in part, but according to plaintiffs' contentions, were not paid in full in that credit was not given for commissions due from sales to department stores, jobbers and sales in job lots.

The principal question is whether the...

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