Morrison v. William H. Russell Co.
Morrison v. William H. Russell Co.
Opinion of the Court
The plaintiff had judgment for $304.31 in the Passaic District Court. The case was tried before the court without a jury. The action was for salesman’s commissions alleged to have been earned by the plaintiff’s husband in his lifetime. The court allowed commissions at the rate of twenty-five per cent, on the gross sales. The plaintiff’s proofs showed that the deceased was to be paid twenty per cent, commissions on goods sold by him and an extra five per cent, was- to be paid for fair and honest dealing. However, the case is entirely barren of affirmative proof of fair and honest dealing; hence it was error to allow the extra five per cent, commission.
The plaintiff, as before indicated, sued in a representative capacity. She did not testify to any transaction with or
We find no merit in the other points submitted.
The judgment below will be reversed so far forth as there is included therein commission for the extra five per cent., not proved to have been earned.
The judgment is, therefore, affirmed in the sum of $70.14, the balance found after deducting from the recovery below five per cent, of the total sale receipts in question.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.