Ainesworth v. D. B. Martin Co.

Citations

• 77 Pa. Super. 490
• 1921 Pa. Super. LEXIS 304

Syllabus

<p>Contracts — Executory contracts — Cancellation—Amount due for services rendered prior to cancellation.</p> <p>Where, under a written contract, a purchasing agent is allowed a commission of fifty cents a ton for all coal bought for and accepted by his principal, and the contract is subsequently cancelled, the agent is entitled to commissions on all coal purchased before the date of cancellation, even although it was delivered and accepted by his principal sometime afterwards.</p> <p>The contract was executory as far as the remaining period of employment was concerned, and it was competent for the partieg to agree to its termination, but the employee was entitled to com- ■ pensation for all service already performed.</p>