Metropolitan Life Ins. v. Henderson

Appellee sued to recover commissions claimed to have been earned over a period extending from March, 1928, to November, 1933, under the terms of an oral contract for the procurement of applications for industrial life insurance policies. The defendant denied the oral agreement and alleged the existence of a written contract covering the terms of the employment. It denied that under the latter there was any amount owing, and asserted that appellee had been paid and had accepted payment in line with the written contract. The jury returned a verdict in the amount prayed for, and this appeal followed. The single question presented for review is the sufficiency of the testimony to support the verdict.

Keeping in mind our obligation to view the evidence in the light most favorable to appellee, the facts shown may be recited in substance as follows:

Appellant is a corporation having its headquarters in New York. Prior to his engagement as a solicitor, the appellee filled out, signed, and presented to appellant an application for employment. The application is directed to the Metropolitan Life Insurance Company. It contains a paragraph reading, in part, “I further agree, if my…