Agnew

In 1959 plaintiff, as the owner and operator of a neon sign company, employed defendant as a salesman for the purpose of selling and leasing electric signs. Originally, under oral agreement, defendant received for his services a fixed salary of $100 weekly and an expense account, plus a 4 percent commission on cash sales negotiated. Defendant’s salary was later increased to $150 weekly. Subsequently, in October 1960 the parties entered into a new oral agreement respecting the compensation to be paid defendant under which arrangement defendant was to receive as compensation a straight 10 percent commission on all cash sales and pursuant to which agreement plaintiff was to advance defendant the sum of $150 weekly. The 10 percent commission was based on the cash selling price of a sign, and in the event of the leasing of a sign, the parties agreed as to the method by which the cash value of the lease would be established for the purpose of computing defendant’s commission. Later in 1962 the parties agreed orally defendant would be paid a stipulated bonus for neon sign leases negotiated by defendant.

In April 1963 the defendant left plaintiff’s employ and at the time of his…