Reid

Reid v. Overland Machined Products

Bad Law
10 Cal. Rptr. 819·1961 Cal. LEXIS 203·55 Cal. 2d 203·359 P.2d 251
Supreme Court of CaliforniaJanuary 27, 1961L. A. No. 26046California2,012 words

Opinion

lead Opinion

Tratnor, J.

— -Plaintiff was employed by Overland Machined Products Company on February 25, 1952, as its exclusive sales representative. In this action he seeks an accounting for wages and commissions allegedly earned pursuant to a written contract of employment.

The contract provides: “For his services rendered herein *206 and for faithful performance thereof, second party shall receive a commission of five per cent, (5%) of the entire gross business done by first party subsequent to 25th day of February, 1952.

“It is distinctly understood and agreed that second party shall only be entitled to receive any commission or any other sums of money herein specified on such new business, contracts or purchase orders as may be obtained or received by first party subsequent to 25th day of February, 1952, and only then so long as this agreement remains in full force and effect. ’ ’

The contract guarantees plaintiff certain monthly amounts, and provides that whenever the commission exceeds the guaranteed amounts the balance of the commission “shall be paid . . . if as and when the accounts receivable . . . are paid.” The monthly guarantees were paid when due and are not in dispute. Bach party is…

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