Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The defendants were insurance agents employed by the plaintiffs on a commission basis. They applied by letter to the plaintiffs to be placed upon a career plan under which they would be permitted to draw weekly advances against commissions to be earned. In the letter, they agreed to repay upon request any excess of advances over commissions. Contemporaneously...
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