MOTT v. GOOD RDS. MACH. CO.


277 A.D. 677 (1951)

Floyd R. Mott, Respondent, v. Good Roads Machinery Company of New York, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


Attorney(s) appearing for the Case

Walter N. Thayer for appellant.

Gerald W. O'Connor and John A. Murray for respondent.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.


DEYO, J.

The action was brought to recover the balance of salary and bonus allegedly due plaintiff as district sales manager for the defendant. The plaintiff had been employed by the defendant selling highway and construction machinery almost continuously since 1930. Throughout this period, whether pursuant to oral or written contracts of employment, he received as compensation both a salary and commissions or...

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