TMS INS. AGENCY v. MITCHELL

A93A0131.

208 Ga. App. 614 (1993)

431 S.E.2d 391

TMS INSURANCE AGENCY, INC. v. MITCHELL.

Court of Appeals of Georgia.

Reconsideration Denied May 7, 1993.


Attorney(s) appearing for the Case

Friedman & Montalto, Steven Montalto, Jill A. Barker, for appellant.

Branch, Pike, Ganz & O'Callaghan, Gregory J. Digel, Barry G. Roberts, for appellee.


McMURRAY, Presiding Judge.

Plaintiff TMS Insurance Agency, Inc., an insurance agency, entered into a written independent contractor agreement with defendant Mitchell. The agreement provided that plaintiff was to train and provide certain resources to defendant who would sell insurance. The contract contained three provisions relevant to this action.

Section 5 provided that defendant was to be compensated at the rate of "forty (40%) percent of all commission...

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