Producers' Lumber Co. v. Guiniven

Citations

• 260 Pa. 423
• 103 A. 916
• 1918 Pa. LEXIS 538

Syllabus

<p>Contracts — Master and servant — Salai'y—Percentage of profits— Drawing account — Losses—Suit by employer for amount advanced —Affidavit of defense — Insufficient averments.</p> <p>Where a contract between an employer and employee provided that the latter was to receive as compensation a sum equal to one-half of the net profits of the department of which he was manager, and was to have a drawing account of a fixed sum per month which was to be charged to him as against the amount to which he might be ultimately entitled, and the department yielded no profits during the period in question, the employee is liable to the employer for the amount so advanced to him, and in an action against the employee for such amount judgment for want of a sufficient affidavit of defense was properly entered, there being-nothing in the contract to indicate that the advances made were to be considered as salary.</p>