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DANA PERFUMES, INC. v. MULLICA

No. 16221.

268 F.2d 936 (1959)

DANA PERFUMES, INC., Appellant, v. Gene MULLICA, Appellee.

United States Court of Appeals Ninth Circuit.

June 30, 1959.

Attorney(s) appearing for the Case

Robert H. Rich, Ernest J. Zack, Kindel & Anderson, Los Angeles, Cal., for appellant.

Morse & Selwyn, Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.

CHAMBERS, Circuit Judge.

For a time, and pursuant to a written contract, Mullica was a salesman to stores of Dana's perfumes. He was discharged by Dana in September, 1955, effective as of the approaching October 1. This, Dana by the contract had a right to do without cause at the end of any month.

Mullica's written agreement provided that he was to be paid on a commission basis of 6½% of sales.

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