BESSE v. CAPEWAY WHOLESALE PLUMBING


1982 Mass. App. Div. 126 (1982)

Robert W. Besse vs. Capeway Wholesale Plumbing and Heating Supply, Inc.

Massachusetts Appellate Division, Southern District.

May 19, 1982.


Attorney(s) appearing for the Case

Vincent Galvin for the plaintiff.

Dennis J. Conry for the defendant.

Present: Rider, P.J., Staff & Black, JJ.


Staff, J.

This is a civil action in which the plaintiff (Besse) seeks to recover commissions allegedly due him as a salesman from his former employer (Capeway).

The basis of the commission depended on a formula with gross sales, the cost of the goods to Capeway, and Capeway's net profits as factors. The amounts of the cost of the goods and of the net profit were known only to Capeway.

Prior to the trial, Besse, apparently using the mechanism of Dist...

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