T W HAGER LUMBER CO. v. SULLIVAN

Docket No. 78-1778.

91 Mich. App. 760 (1979)

283 N.W.2d 844

T W HAGER LUMBER COMPANY v. SULLIVAN

Michigan Court of Appeals.

Decided August 20, 1979.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (by Edward Malinzak and David W. Crooks), for plaintiff.

Miller, Johnson, Snell & Cummisky (by Jon R. Muth and Carol J. Karr), for defendant.

Before: MacKENZIE, P.J., and D.E. HOLBROOK, JR. and CYNAR, JJ.


D.E. HOLBROOK, JR., J.

In January, 1974, defendant became a salesman for plaintiff. He had previously been an employee of plaintiff in a number of salaried positions. Defendant was given an advance of $27,500 per year. He also received commissions equal to 50 percent of gross profit on sales made by him. Out of the advance and the commissions he paid his own expenses, withholding taxes and social security taxes. Although the annual advance was agreed to by plaintiff...

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