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CLARKE v. WARD BAKING COMPANY

No. 3186.

191 A.2d 450 (1963)

Marie Agnes CLARKE, Executrix of the Estate of William A. Peak, Appellant, v. WARD BAKING COMPANY, a corporation, Appellee.

District of Columbia Court of Appeals.

Decided June 5, 1963.

As Modified June 24, 1963.

Attorney(s) appearing for the Case

Martin F. O'Donoghue, Jr., Washington, D. C., with whom Patrick C. O'Donoghue, Washington, D. C., was on the brief, for appellant.

Winthrop A. Johns, Washington, D. C., with whom Gerald D. Reilly, Washington, D. C., was on the brief, for appellee.

Before QUINN and MYERS, Associate Judges, and CAYTON (Chief Judge, Retired).

CAYTON, Acting Judge.

William A. Peak sued his employer, Ward Baking Company, for breach of contract, charging that it had failed to pay him commissions due for sales and deliveries made on his route. The trial court ruled that he had failed to prove his case and ordered judgment for defendant. This appeal followed, and plaintiff having died, his executrix was substituted as appellant.

As the facts are somewhat complicated an identification of the principals...

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