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NU-TONE PRODUCTS COMPANY v. MARKHAM

No. 23929.

481 P.2d 719 (1971)

NU-TONE PRODUCTS COMPANY, Inc., a Colorado corporation, Plaintiff in Error, v. Chester W. MARKHAM, Defendant in Error.

Supreme Court of Colorado, En Banc.

February 22, 1971.

Attorney(s) appearing for the Case

William Rann Newcomb, Denver, for plaintiff in error.

No appearance for defendant in error.

HODGES, Justice.

Plaintiff Nu-Tone's complaint in the trial court alleged that it hired defendant Markham as a commission salesman pursuant to a written "Salesman's Agreement" executed by both parties. During the period of the defendant's employment, advancements in the sum of $1,703 in excess of commissions earned were made to him. In asking for judgment in this amount against the defendant, the complaint also alleged that in accordance with the provisions of the...

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