Newhall v. Appleton — 47 N.Y. St. Rep. 299

Majority

p. 299

George T. Newhall, Resp’t, v. William H. Appleton et al., App’lts.

(New York Superior Court, General Term,

Filed July 5, 1892.)

Headnote

Principal and agent—Commissions.

A contract of employment to canvass for books provided that the agent

p. 300

should receive commissions on all good orders procured by him. In an action for commissions there was evidence to show that a good order is one that has been accepted by the house, and that an order becomes a good order as soon as it is received and entered on the books. Held, that plaintiff was entitled to commissions on all orders so received and entered on the books of defendants.

, Appeal from judgment in favor of plaintiff, entered upon report of referee.

Wm. W. Badger, for resp’t; Campbell & Paige, for app’lts.

—If the referee erred in finding that the agreement in question was that the plaintiff should be paid when his orders were delivered to the defendants, and accepted by them, he only erred in finding that an acceptance of the orders by the defendants was part of the agrrement, and such an error could not prejudice the defendants.

There is evidence which will sustain a finding that the orders ■ were accepted.

The witness Rowland states that the only difference between an order and a good order is that the latter must be accepted by the house, and that an order becomes a good order as soon as the house receives it and enters it on the books.

It follows that an order which has been received and entered on the books is one that has been accepted. There is evidence that the orders were received and entered on the books.

Upon the whole case the judgment should be affirmed.

Gildersleeve, J., concurs.