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MONTGOMERY v. QUANTUM LABS, INC.

No. 40949.

251 N.W.2d 892 (1977)

198 Neb. 160

Jerome J. MONTGOMERY, Appellee, v. QUANTUM LABS, INC., Appellant.

Supreme Court of Nebraska.

March 30, 1977.

Attorney(s) appearing for the Case

James B. Thomas, of Gross, Welch, Vinardi, Kauffman & Day, Omaha, for appellant.

Louis M. Leahy, of Leahy, Washburn, Render & Cavanaugh, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

C. THOMAS WHITE, Justice.

Plaintiff Jerome J. Montgomery brought suit in the District Court against the defendant Quantum Labs, Inc., for an alleged breach of a contract of employment. The plaintiff alleged in his petition that on or about September 1, 1972, the plaintiff and the defendant entered into a written agreement whereby plaintiff would be employed by defendant, to be compensated at the rate of 5 percent of the gross sales during the first year of the defendant...

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