69 So. 823 | Ala. | 1915
We think a fair construction of the epistolary offer under which plaintiff went to- work for defendant is that he was to receive a salary of $150 a month only for work done in Chicago', and $25 a week and 5 per cent, commissions for regular business done in any territory assigned to him. Nothing was said about the work of “traveling adjuster,” and it seems reasonably clear that this service and its compensation of $35 a week, which was never paid monthly nor on any monthly basis, was a new contract between the parties, wherein $10 a week additional was allowed in lieu of the commissions promised for procuring new business. Had plaintiff been working by the month for a salary of $150, he would have earned less than $35 a week, as a simple calculation will show. He would also have been entitled to compensation for ten days additional after his discharge, whereas he claims only for a week additional.
Let the judgment be reversed, and a judgment here rendered for the defendant.
Reversed and rendered.