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Zuckernik v. Jordan Marsh Co. Jordan Marsh

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eBook details

  • Title: Zuckernik v. Jordan Marsh Co. Jordan Marsh
  • Author : Supreme Court of Minnesota
  • Release Date : January 14, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

LUMMUS, Justice. Jacob B. Zuckernik, who will be called the defendant, is an attorney at law who makes a specialty of collecting overdue commercial accounts. Jordan Marsh Company, which will be called the plaintiff, operates a department store. In 1922 an oral agreement was made between the parties, by which the defendant was to be given all the collection cases of the plaintiff, was to advance all necessary court costs but was ultimately to be repaid them, and was to retain money collected in each case until the entire account should be collected or the balance should appear to be uncollectible, when he was to deduct the court costs actually paid by him and his commission, and remit the remainder to the plaintiff. His commission was to be 15 per cent. of the first $300 collected on each account, 8 per cent. of any amount between $300 and $1,000, and 4 per cent. of any amount in excess of $1,000. No time was agreed for the duration of the agreement. About July, 1930, the plaintiff required the defendant to remit the entire amount collected on particular claims, and then sent him his costs and commission. In April, 1931, the plaintiff required the defendant to remit his collections monthly, without waiting for particular cases to be finished. On September 17, 1931, the plaintiff required the return of unfinished cases, demanded payment of the balance of money collected, and terminated the relation between the parties.


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