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HALPER v. BROWNING, KING & CO., INC.

No. 17862.

325 F.2d 644 (1963)

Ben HALPER, Appellant, v. BROWNING, KING & CO., Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 5, 1963.

Attorney(s) appearing for the Case

Mr. Michael A. Schuchat, Washington, D. C., for appellant.

Mr. Frank Fogel, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Mr. Bernard T. Levin, Washington, D. C., was on the brief, for appellee.

Before FAHY, WASHINGTON and WRIGHT, Circuit Judges.

PER CURIAM.

Plaintiff-appellant, former store manager for defendant-appellee, seeks to collect his commission on sales. In addition to a stated monthly salary, the contract between the two provided for a gross commission from which would be deducted all losses due to bad checks, inventory shortages and cash shortages. After all the evidence was in, the trial court ruled that the burden of proof as to the amount of these losses rested upon plaintiff, it being part...

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