Pereira v. Masel Supply Co.

Full title: PEREIRA v. MASEL SUPPLY CO

Court: Michigan Court of Appeals

Date published: Nov 29, 1971

37 Mich. App. 278 (Mich. Ct. App. 1971)

194 N.W.2d 486

Opinion

Docket No. 10956.

Decided November 29, 1971. Leave to appeal denied, 386 Mich. 788.

Appeal from Oakland, William John Beer, J. Submitted Division 2 November 3, 1971, at Detroit. (Docket No. 10956.) Decided November 29, 1971. Leave to appeal denied, 386 Mich. 788.

Complaint by Leonard Pereira against Masel Supply Company, Mendel Mendlowitz, and Leopold Mendlovic for unpaid sales commissions. Judgment for plaintiff. Defendants appeal. Affirmed.

Gage, Brukoff, Dubin Suedara (by Richard A. Lenter), for plaintiff.

Friedman, Kraft Cohen, for defendants.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and O'HARA,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

PER CURIAM.

Plaintiff is a sales representative formerly employed by defendants; his suit for unpaid commissions resulted in a jury verdict in his favor in the amount of $10,000.

Defendants appeal alleging certain errors in the admission of exhibits and testimony. The evidence introduced dealt with plaintiff's sales volume and the amount of commissions due. Prior to trial, and in the face of an order of the court, defendants refused to answer interrogatories on these very points.

In view of defendants' recalcitrance, and the serious sanctions the court could have imposed pursuant to GCR 1963, 313.2, we feel the trial court acted properly by allowing the plaintiff to introduce the best evidence at his disposal.

Affirmed. Costs to plaintiff.