56 A.D. 11 | N.Y. App. Div. | 1900
The complaint in this action alleges the making of a contract between the plaintiff and the defendant, whereby the plaintiff was employed as a traveling salesman, and was to have a commission on all sales made by him, and upon all orders other than sales made by him, received by the defendant, either by correspondence or by any other way from all the trade residing within the cities visited by the plaintiff; that the defendant has not paid to the plaintiff the full amount of the said commissions, and the complaint demands judgment that the defendant account for all sales made in his behalf by the plaintiff, and pay to the plaintiff such sums as should be found •due to him, with interest thereon. The defendant, by his answer, -admits the making of the contract, alleges an account stated and payment, and a counterclaim to which the plaintiff replied. After
The judgment must, therefore, be reversed and a new trial ordered, with costs to the plaintiff to abide the event.
Van Brunt, P. J., Rumsey, Patterson and Hatch, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.