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YODER v. T. F. SCHOLES (06/26/61)

June 26, 1961

YODER
v.
T. F. SCHOLES, INC., APPELLANT.



Appeal, No. 30, Jan. T., 1961, from judgment of Court of Common Pleas of Berks County, May T., 1958, No. 114, in case of William E. Yoder v. T. F. Scholes, Inc. Judgment affirmed; reargument refused August 28, 1961.

COUNSEL

Joseph E. DeSantis, with him Henry M. Koch, and McGavin, DeSantis & Koch, for appellant.

Martin W. Binder, with him John W. Dry, and DeLong, Dry & Binder, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 404 Pa. Page 243]

OPINION BY MR. JUSTICE BOK.

This case was tried on a waiver of jury trial and resulted in a verdict, with adjudication, for the plaintiff in the sum of $6522.90. Exceptions were filed by defendant and after argument were dismissed. Judgment was entered for plaintiff on the verdict and defendant appealed.

The facts are that plaintiff, a registered engineer, was employed by the defendant as general superintendent and civil engineer from January 1, 1953, to December 16, 1957. Sometime during that period the defendant obtained a construction job for the United States Army. Work on this job was started in November, 1953, and was substantially but not wholly completed by September, 1955.

In September, 1953, the defendant orally agreed with the plaintiff to pay him for this job a commission of four per cent of the net profit, before taxes, in addition to his regular salary. The defendant also agreed with another engineer, named Buchanan, to pay him a similar commission.

[ 404 Pa. Page 244]

On or about October 18, 1955, at the request of Buchanan, a meeting was held at the home office of the defendant in Reading, attended by various officers of the defendant company and by Buchanan and the plaintiff. The purpose of this meeting was to discuss the final amount of bonus to be paid to Buchanan and the plaintiff for the Army job. The bonus for Buchanan, as agreed upon at this meeting, after a discussion of many figures relating to overhead costs, estimated profit and the like, was $12,330.58.

The defendant paid to plaintiff between December, 1955, and September 26, 1956, as commission, the total sum of $5,807.63, taking the position that this was the only amount owed to him, representing four per cent of the net profit on the Army job, before taxes, as finally computed by defendant.

The plaintiff, contending that the agreement reached with Buchanan at the meeting of October 18, 1955, also applied to him, demanded additional payment which would total $12,330.58. This demand ...


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