STANLEY, Commissioner.
On July 22, 1948, Roy C. Dillow Company, as a partnership, employed Frank A. Schultz as general superintendent and agreed to pay him a salary of $100 a week "plus 5% of the net profits of the total amount of contracts completed by the Roy C. Dillow Company while he remains in their employ." Schultz continued in the employment for eight months during which he was paid the salary but received no part of any profits. He sued for an accounting and...
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