PROCHNIAK v. WISCONSIN SCREW CO.


265 Wis. 541 (1953)

PROCHNIAK, Respondent, vs. WISCONSIN SCREW COMPANY, Appellant.

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by Weisman & Weisman of Racine, and oral argument by J. M. Weisman.

For the respondent there was a brief by George R. Simanek and Vilas H. Whaley, both of Racine, and oral argument by Mr. Whaley.


MARTIN, J.

The facts outlined above are not in dispute. There is no question that plaintiff was employed by defendant as a sales representative on a commission basis. The testimony is in sharp conflict, however, as to whether such agreement provided no commissions should be paid plaintiff on unfilled orders from his territory at the time his employment was terminated.

Witnesses on behalf of the defendant testified that plaintiff was told at the time he was...

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