MARTIN MILLING CO. v. EVELYN

No. 35913.

136 N.W.2d 177 (1965)

179 Neb. 31

MARTIN MILLING CO., a Corporation, Appellant, v. Larry EVELYN, Appellee.

Supreme Court of Nebraska.

July 9, 1965.


Attorney(s) appearing for the Case

Wright, Simmons & Hancock, Scottsbluff, for appellant.

Marvin L. Holscher, Scottsbluff, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


SPENCER, Justice.

Involved herein is the question whether plaintiff can recover advances made to the defendant in excess of commissions earned in the absence of a specific agreement for such recovery.

Defendant, Larry Evelyn, entered the employ of plaintiff, Martin Milling Co., as a salesman on a commission basis in September 1958. He was so employed until approximately April 1, 1962, when plaintiff, without notice to the defendant, went out of business, thus...

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