Newhall v. Victor Box Mfg. Co.

Citations

• 269 Pa. 545
• 113 A. 59
• 1921 Pa. LEXIS 607

Syllabus

<p>Principal and agent — Agent for sales — Commissions—Contract.</p> <p>1. Where a contract of employment of a sales agent contemplates actual sales in a commercial sense, and not mere contracts to sell, the agent is entitled to receive commissions only on moneys actually received by his principal as a result of sales made by the agent.</p> <p>2. If, in such case, the agent avers in his statement of claim that certain sales had been cancelled, or were about to be cancelled, in fraud of his rights, he must set out the particulars of such wrongdoing, and also facts as to the orders, the cancellation of which is averred to be threatened, or a legal excuse for failure to furnish such information.</p>