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MONTANO v. HOUSE OF CARPETS, INC.

No. 9336.

500 P.2d 414 (1972)

84 N.M. 129

John P. MONTANO, Plaintiff-Appellant, v. HOUSE OF CARPETS, INC., a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied August 11, 1972.

Attorney(s) appearing for the Case

Donald C. Turpen, Albuquerque, for plaintiff-appellant.

Toulouse & Moore, Gallagher & Ruud, Albuquerque, for defendant-appellee.

OPINION

COMPTON, Chief Justice.

Appellant appeals from an adverse judgment denying his claim for a sales commission allegedly arising out of the installation of carpets in the State Capitol Building.

Appellant was employed by appellee, first as a commissioned salesman, and later in a supervisory capacity at a salary of $1,000.00 per month. The controversy arose from the transition from a commissioned salesman to that of a salaried supervisor.

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