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ABRAMS v. HORIZON CORP.

No. 2 CA-CIV 4292.

137 Ariz. 112 (1982)

669 P.2d 90

Stanley P. ABRAMS, Plaintiff/Appellee/Cross-Appellant, v. HORIZON CORPORATION, a Delaware corporation, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 22, 1982.

Review Granted December 21, 1982.

Attorney(s) appearing for the Case

Miller & Pitt, P.C. by Gerald Maltz, Tucson, for plaintiff/appellee/cross-appellant.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Michael J. Meehan and Roger D. Smith, Tucson, for defendant/appellant/cross-appellee.

OPINION

HOWARD, Chief Judge.

The main issue in this case is whether the trial court erred in awarding treble damages pursuant to A.R.S. § 23-355 when Horizon Corporation withheld appellee Abrams' commissions after Abrams made an excessive demand for commissions upon the termination of his employment.

The case was tried before the court sitting without a jury, which made 31 findings of fact some of which are in reality conclusions of law or mixed...

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