J. & B. Motors Inc. V. Margolis

Defendant employed plaintiff as a used-car salesman at a salary to be computed on a five per cent commission on all sales accomplished by him with a guaranty of $200 per month. There is no dispute concerning this agreement. Thereafter, some arrangement was made whereby plaintiff was to receive a $50 bonus on the sale of heavy-duty trucks. Defendant contends this was limited to the month of July, whereas plaintiff claims there was no such limitation. Sometime after plaintiff's employment began another arrangement was made, whereby plaintiff assumed the duties of looking after the used-car lot and was to receive additional compensation of one per cent overwrite on sales therefrom. It is not clear whether this overwrite was to be on the gross sale prices or only on the trade-in differences. Plaintiff voluntarily left the employment of defendant and in this suit claims certain commissions, bonuses on heavy-duty truck sales, and an additional amount under the overwrite arrangement. Trial resulted in verdict for plaintiffs in the sum of $725; defendant appeals and presents seven assignments of error.