221 N.W. 719 | Minn. | 1928
Defendant appealed from an order denying a new trial, and contends that there was no agreement to repay the advances. He quotes the following statement from 39 C.J. 153, as the rule governing such matters:
"Where the contract of employment provides for advances to the employe, to be charged to, and deducted from, the commissions agreed to be paid to him as the same may accrue, the employer may recover back any excess of advances over the commissions earned, if there is an express or implied agreement to repay such excess. * * * In the absence of either an express or implied agreement or promise to repay such excess, the employer has no remedy against the employe, even though the contract in terms provides that there shall be settlements between them monthly."
The court made an express finding that defendant agreed to repay the advances, and an examination of the record discloses ample evidence to sustain this finding.
Order affirmed. *626