DOYLE v. McCLURKIN


393 Pa. 444 (1958)

Doyle v. McClurkin, Appellant.

Supreme Court of Pennsylvania.

July 1, 1958.


Attorney(s) appearing for the Case

John B. Pearson, with him G. Thomas Miller, and Bailey & Rupp, for appellant.

Joseph F. McVeigh, with him Heath L. Allen, and Myers, McVeigh and Mansfield, and Hull, Leiby and Metzger, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE COHEN, July 1, 1958:

Did plaintiff's falsification of certain weekly business reports submitted to the defendant in accordance with the terms of their sales agency contract relieve the defendant of liability to account for commissions due the plaintiff under the agreement?

The legally significant facts for this appeal may be briefly stated.

In 1951 plaintiff, who was engaged in sales promotion, entered into an exclusive wholesale...

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