SEA MODES v. COHEN


309 N.Y. 1 (1955)

Sea Modes, Inc., et al., Respondents, v. Louis C. Cohen, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1955


Attorney(s) appearing for the Case

Frank Kreitzberg for appellant.

Jacob B. Lindner and Henry B. Selkowe for respondents.

DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., concurs.


DESMOND, J.

Defendant, from October, 1949, to December, 1951, was employed by plaintiffs as a salesman, his agreed compensation being 5% of his "net sales". He was, by the terms of the written employment agreement, to receive $200 per week as "an advance against earnings", to be applied against commissions earned. Any excess of advances over actual commissions earned was to be repaid by defendant to plaintiffs on...

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