Delafield v. Searle Aero Industries, Inc.

DORAN, J. In this action plaintiff sought to recover a specified sum alleged to have been earned as commissions while in defendants’ employ as a salesman. A motion for a nonsuit was granted and from the judgment that followed, plaintiff appeals.

Plaintiff testified in full at the trial; numerous records were introduced as asserted evidence of the alleged employment and in further support of plaintiff’s contention, what is described as an “accord and satisfaction” was received in evidence. It is as follows:

“Whereas, during the year 1942 the undersigned, Cliff G. Delafield, was and still is employed by the undersigned, Vincent A. Marco, as a sales representative for the Searle Aero Industries, Inc., for whom said Vincent A. Marco was at all said times the sales director and from whom said Cliff G. Dela- ' field's employment was directly obtained; and

“Whereas, in and during the year 1942, the said Cliff G. Delafield, as such sales representative, sold certain goods, wares and merchandise manufactured by said Searle Aero Industries, Inc., a California corporation, in the sum of Two hundred fifty two thousand three hundred fifty and 90/100 ($252,350.90) Dollars, all of which have been delivered to the purchasers thereof and for which said Cliff G. Delafield was and is to receive a commission of five per cent (5%) thereof, less advances of money heretofore made to his account in the sum of Fifty two hundred ($5200.00) Dollars, leaving a balance due said Cliff G. Delafield for his services as such sales representative for the year 1942 for goods, wares and merchandise sold and delivered, in the sum of Seven thousand four hundred seventeen and 55/100 ($7,417.55) Dollars; and

“Whereas, certain goods, wares and merchandise were also sold by said Cliff G. Delafield during said year 1942 which have not as yet been delivered to the purchasers thereof; and

“Whereas, certain sales of such goods, wares and merchandise have been or may be made by the said Cliff G. Delafield between January 1, 1943 and February 1, 1943; and

[712]“Whereas, the undersigned parties hereto desire to have a full and complete accord and satisfaction, and a full and complete settlement of all matters arising from the employment of said Cliff G. Delafield as such sales representative of said Vincent A. Marco as said sales director for said Searle Aero Industries, Inc., and those interested therein;