AYE v. GARTNER

No. 34902.

108 N.W.2d 798 (1961)

172 Neb. 162

Fred L. AYE, Appellee-Cross-Appellant, v. Robert J. GARTNER, d/b/a Universal Extension Service, Appellant-Cross-Appellee.

Supreme Court of Nebraska.

April 28, 1961.


Attorney(s) appearing for the Case

Cunningham & Cunningham, Grand Island, for appellant.

Robert V. Hoagland, Lincoln, Kelly & Kelly, Grand Island, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


BROWER, Justice.

Plaintiff below and appellee brought this suit in equity for an accounting against defendant and appellant alleging an oral contract with the defendant providing, first, for the payment of accrued commissions as a sales representative and, second, for 10 percent commission as sales manager on the net profits of the defendant's business during a portion of the period of employment. The prayer was for production of defendant's books, an accounting,...

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