108 Ga. 242 | Ga. | 1899
The plaintiff by his petition made the following case: About September 15, 1896, petitioner entered into an agreement with the defendant, by which he was to work for the latter as traveling salesman in several Southern States, and was to receive as compensation for his services one half of the profit over cost on all goods sold by him for defendant; and also to have an equal dividend on all future sales in petitioner’s territory, whether made by him or the house direct to the customer. Under said contract he entered on said work and took a great many orders for goods, and secured a large and remunerative trade for the defendant throughout the State of Georgia, and so worked for more than two months. The defendant after said time refused to observe the terms of the contract, and to pay him for his services as had been agreed ; and did so for the purpose of dispensing with his services after he had succeeded in'opening up his territory for the trade, and to avoid paying him the amount which he would be entitled to under the contract. He prayed to recover the value of his services so rendered. A demurrer was filed to the petition; and the plaintiff offered an amendment to the effect that it was a custom in the business in which the plaintiff and defendant were engaged, which was well known to the defendant, and was a part of the contract, that plaintiff should have a year’s employment ; and such custom was reasonable, in that it requires at least a year to build up such a trade, etc. The court refused to allow this amendment, and dismissed the case; to which rul- . ; \ ing the plaintiff excepted.
Reversed.