Opinion
Gen. No. 42,463. (Abstract of Decision.)
Opinion filed May 2, 1944
MASTER AND SERVANT, § 67 — employer's right to recover money advanced to salesman in excess of commissions earned. Where salesman for furniture company worked on a strictly commission basis and had no drawing account or fixed advances, but at the time he voluntarily terminated his employment he had been advanced a substantial sum of money over and above his earned commissions, held that company could recover such sum, since evidence showed that defendant had impliedly agreed to repay the sums borrowed in excess of commissions earned, that he recognized his indebtedness, and that at the termination of his employment he expressly promised the company that he would pay what he owed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.
Judgment reversed and judgment here for plaintiff. Heard in the second division, first district, this court at the October term, 1942;
Irving H. Goldberg, for appellant; Maurice S. Weigle, of counsel.
Sabath, Edelman Light, for appellee;
Milton J. Sabath and Albert S. Light, of counsel.
Not to be published in full. Opinion filed May 2, 1944.