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BORG-WARNER CORP. v. OSTERTAG

18 Wis.2d 484 (1963)

BORG-WARNER CORPORATION, Appellant, v. OSTERTAG, Respondent.

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Horwitz & Regner of Oshkosh, and oral argument by Simon Horwitz.

For the respondent there was a brief and oral argument by David K. Allen of Oshkosh.

FAIRCHILD, J.

1. Nonacceptance of the new bonus terms. The circuit court found that Ostertag did not agree to the terms proposed November 1st. If he had so agreed, he could recover nothing on his counterclaim. His total sales from July 1, 1957, to February 20, 1958, did not exceed the new quota. As will be seen, if he had agreed to the new quota, he would not be entitled to prorate it because his resignation was voluntary...

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