FISCHER v. PINSKE

No. 46084.

243 N.W.2d 733 (1976)

Jerry W. FISCHER, d. b. a. J. W. Fischer Company, Respondent, v. Robert R. PINSKE, d. b. a. Plato Woodwork, Appellant.

Supreme Court of Minnesota.

June 18, 1976.


Attorney(s) appearing for the Case

Bloedel, Nelson, Slade, Volstad & Hawkinson and Clifford G. Nelson, Minneapolis, for appellant.

Nemo, Bell, Stapleton, Brenner & Nolan and Mark M. Nolan, St. Paul, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

Defendant, a manufacturer of prefinished wood cabinets, appeals from a judgment awarding plaintiff, a manufacturer's sales representative, damages equal to 11 months of net sales commissions for breach of a written contract provision requiring defendant to give 1 year's notice of cancellation. The issue for review is the trial court's determination that the parties by their conduct waived a provision of their original written contract, "for a trial period...

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