MILLER v. FIDELITY MUT. LIFE INS. CO.


387 Pa. 218 (1956)

Miller, Appellant, v. Fidelity Mutual Life Insurance Company.

Supreme Court of Pennsylvania.

December 29, 1956.


Attorney(s) appearing for the Case

Charles S. Schermer, for appellant.

Arthur R. Kane, Jr., and Richardson Blair, with them Joseph P. Flanagan, Jr., Charles I. Thompson, Harry S. Redeker, Weyl & Kane, and Ballard, Spahr, Andrews & Ingersoll, for appellees.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, December 29, 1956:

The controversy in this case does not involve any legal problem but merely issues of fact.

Plaintiff, Samuel Miller, was employed by defendant, Long Motors, Inc., hereinafter called the Company, as an automobile salesman and sales manager from January, 1946, to May, 1947, receiving a fixed salary at first of $75 and later of $100 per week. He then gave up...

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