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Block & Kohner Mercantile Co. v. United States

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eBook details

  • Title: Block & Kohner Mercantile Co. v. United States
  • Author : Eighth Circuit Circuit Court of Appeals
  • Release Date : January 15, 1930
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and MUNGER, District Judge. VAN VALKENBURGH, Circuit Judge. Appellant is a Missouri corporation engaged in the wholesale shoe business in St. Louis. One Jake Weinbach was a salesman experienced in that business, and on the 19th of February, 1919, the mercantile company, named as first party, Weinbach, named as second party, and Weinbach's wife, named as third party, entered into a contract reciting that the first party was desirous of opening and carrying on a special department of its business for the selling of regular lines of shoes at wholesale under the name and style of ""Acme Shoe Specialty Company,"" and desired to engage said second party as manager of that department. It was further recited that the second and third parties desired to participate in some manner in the profits of the new department, and of the entire business of the first party. By the contract it was accordingly provided that the second party should become manager of said Acme Shoe Specialty Company, and should travel and call on the trade during the regular season for a period of three years from the date of contract, at a salary of $4,800 per year, payable monthly, or such other salary as might thereafter from time to time during said period be drawn by the president and secretary of the corporation. The party of the third part, as an inducement to first party to engage the services of second party, agreed to deposit with first party the sum of $5,000, as a guaranty for the agreements in said contract made by second and third parties. The instrument contained the following paragraphs material to the issue presented for determination:


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