SWANEY v. CLARK-WILCOX CO.


331 Mass. 471 (1954)

120 N.E.2d 281

R. CASPER SWANEY vs. CLARK-WILCOX COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1954.


Attorney(s) appearing for the Case

Herbert A. Baker, for the plaintiff.

Francis T. Leahy, for the defendant.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


COUNIHAN, J.

These are two actions of contract which were tried together after a hearing before an auditor whose findings of fact were not final. The plaintiff sought to recover commissions on the sale of certain equipment which was sold while he was in the employ of the defendant, but which was not delivered and paid for until after his employment was terminated in the circumstances hereinafter described. The defendant denied that it owed the plaintiff anything,...

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