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DICKERSON v. DICKERSONS OVERSEAS COMPANY (01/07/52)

January 7, 1952

DICKERSON
v.
DICKERSONS OVERSEAS COMPANY, APPELLANT



Appeal, No. 236, Jan. T., 1951, from judgment of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1950, No. 3611, in case of Edwin S. Dickerson, Jr. v. Dickersons Overseas Company, et al., trading as The Dickerson Company and as Dickersons Overseas Company. Judgment affirmed.

COUNSEL

Rodney T. Bonsall, with him John B. Hannum, 3rd and Evans, Bayard & Frick, for appellants.

Morris Wolf, with him Lewis M. Stevens, Louis J. Goffman, Stradley, Ronon, Stevens & Young, and Wolf, block, schorr & Solis-Cohen, for appellee.

Before Drew, C.j., Stern, Stearne, Bell, Ladner and Chidsey, JJ.

Author: Bell

[ 369 Pa. Page 245]

OPINION BY MR. JUSTICE BELL

Plaintiff brought an action in assumpsit against defendant, Dickersons Overseas Company, a Pennsylvania corporation, and six individual defendants, individually and as partners, trading as The Dickerson Company and as Dickersons Overseas Company, to recover $2,709.43 due him as wages for services rendered in April, May and June, 1950.

This suit was brought on an employment agreement made January 24, 1949, between the defendant corporation, Dickersons Overseas Company, and plaintiff, by the terms of which plaintiff was employed for five years and was to be paid quarterly as wages a sum equal to two per cent of the gross sales of the corporation, and of any other enterprises under its control. The six individuals as individuals and partners were joined as co-defendants because they expressly assumed this contract. Plaintiff attached to his complaint a statement of wages or commissions due him which was prepared by defendants and which showed the gross

[ 369 Pa. Page 246]

    sales for the period April to June, 1950, and the wages equal to two per cent thereof.

Defendants admitted all of the material allegations of plaintiff's complaint, including the fact that he earned the exact amount which he claimed as wages.

Defendants, however, filed a counter-claim and new matter alleging a set-off in the sum of $220,000. arising out of alleged false and fraudulent representations by plaintiff which induced Henshaw and Klauder, two of the defendants, to enter into a written contract dated January 17, 1949, which will be hereinafter more fully discussed. This written contract of January 17, 1949 for the sale of stock of two corporations and of certain specified assets of plaintiff contained a provision that the purchasers agreed to employ the plaintiff under an employment contract, such as was later (January 24th) entered into between plaintiff and the corporation known as Dickersons Overseas Company and assumed by these defendants. The court sustained plaintiff's preliminary objections and entered judgment on the pleadings in favor of plaintiff and against defendants for $2,709.43, with interest from July 30, 1950.

The facts are very involved but may be summarized as follows: The written agreement of January 17, 1949 was lengthy and detailed. It was made by and between plaintiff individually and trading as The Dickerson Company, and for himself individually and as agent for eight named shareholders of The Dickerson Company of Pennsylvania and of the Dickersons Overseas Company, parties of the first part, and Henshaw and Klauder, two of the defendants, parties of the second part. After settlement was completed in accordance with the terms of this written agreement, the ...


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