1 Ga. App. 358 | Ga. Ct. App. | 1907
The instrument under which the plaintiff’s cause of action arose is as follows:
“Bainbridge, Ga. Contract between Mart Clothing Company, of the first part, and P. L. Mathis, second part. The Mart Clothing Company is to furnish P. L. Mathis a stock of goods, such as they think best and in such amounts as they think advisable, to do a general business in Bainbridge, Ga., on Water Street, in the Hicks block, to be known as the Bazaar. Said Mathis is to be manager, keep a'strict account of the cash, sales and expenses, remit all cash to the Mart Clothing Company, and to sell strictly for the cash; and the minute that anything is charged or sold to any one on a credit, said P. L. Mathis then and there loses all interest in the business, and turns same over to the Mart Clothing Company, without any further claim, and at any time the business does not prove satisfactory, or is not being run satisfactory to the Mart Clothing Company, said Mathis is to turn over the' business to the Mart Clothing Company, and to receive sixty dollars per month for his services for each month he has been manáger of the Bazaar, less what he has already drawn out. Am to take stock at least once a year, and said Mathis is to receive one half of the net profits for running and managing the same, and P. L. Mathis is to draw not more than fifty dollars for living expenses, or for other use, and the amount he draws is to be deducted from his half of the profits. Ip case of fire P. L. Mathis- is to receh e sixty dollars per month for each month he has been manager, less what he has already drawn, and relinquish all further claims to the business. “This 3rd Nov., 1904.
The Mart Clothing Company, per C. C. H.
P. L. Mathis.”
The petition brought by Mathis alleges, that Mrs. Harrell is the sole owner of the Mart Clothing Company, and that he was to receive for his services under the contract with her, set out above, a salary of $60 per month; that under the contract he took charge of the store and worked in the same as manager for thirteen months and twenty days, performing his contract as agreed; that in November, 1905, by mutual consent of himself and of Mrs. Harrell, he severed his connection with the business, and upon his turning it over to Mrs. Harrell she agreed to pay him, as the balance due him, the sum of $137; but that she neglects and refuses to pay the
The only witnesses sworn in the case were the plaintiff and C. C. ■Harrell, who was admitted to be the defendant’s manager and general agent throughout the transaction. Mathis, by his testimony, substantiated his allegations as to the length of service performed by him. He further testified, that, having the opportunity of working for better wages elsewhere, he told Harrell that he was going to quit, and Harrell consented, and the stocks and books were
Judgment, on main bill of exceptions, reversedj on the cross-bill, affirmed.