Baldwin Piano Company v. L.E. Wylie

L.E. Wylie and Marie L. Wylie, under the name of Wylie Piano Company, brought action against the Baldwin Piano Company to recover the sum of $7,945.77 with interest, claiming that during the years 1928-1931 inclusive, they ""were engaged in the business of selling, dealing in and handling pianos and musical instruments,"" for the defendant, the sales being made according to the terms of sales contracts or notes which were sent to the office of the defendant, and the amounts due thereon collected by the defendant; that commissions in the sum of $4,162.27 were earned by them and are due from the defendant; that the defendant authorized plaintiffs to procure sub-agents, and that there is $690 due the plaintiffs thereunder; that the plaintiffs advanced moneys to salesmen of the defendant in the sum of $480; and paid out for advertising and for piano boxes for the defendant $149 and $70 respectively; that the plaintiffs paid to the defendant $900 for credit on the ledger account and the same was never credited; that the plaintiffs were employed by the defendant to effect settlements on goods and agreed to pay the plaintiffs $125 therefor and failed to do so; that plaintiffs made further sales of pianos for the defendant under the aforesaid contract and that there is due and owing the plaintiffs thereon $1,383.50. The defendant answered denying the claims of the plaintiffs and sets forth a counterclaim where it claims plaintiffs collected approximately $1,500 from sales of pianos and musical instruments belonging to the defendant and failed to remit the same although the amount is due.