Tanner

On this appeal by Tanner from a judgment in favor of Freeman, her former broker, the major question is whether the trial court properly concluded that under the oral contract of the parties Tanner was obligated to repay unearned advanced commissions after the termination of the contract. For the reasons set forth below, we have concluded that the judgment in favor of Freeman must be affirmed.

Viewing the record most strongly in favor of the judgment, the following pertinent facts, adapted from Freeman’s brief, appear: Tanner was a sales representative for Freeman between April 1970 and her voluntary termination as of February 24, 1972. During this time, she engaged primarily in the sale to teachers of tax-sheltered annuities, a form of insurance that allows teachers to defer income and the tax liability on such income until death, disability or retirement.

Customarily, the sales representative places a tax-sheltered annuity policy with a teacher by having the teacher execute two documents. The first is an authorization to the teacher’s employer to deduct from his salary a specified monthly contribution (i.e., the premium) and to pay this sum to the designated insurance…