No. 299. Same another form.14 AGREEMENT, made this 5th day of January, 1923, between Doe, Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Employer"), and Richard Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Salesman"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the Employer hereby hires the Salesman, and the Salesman agrees to work for the Employer, as a traveling salesman of the cloaks and suits manufactured by the Employer, for the period of one year from the date hereof. 2. That the salesman shall travel and sell the cloaks and suits of the Employer only to persons, firms and corporations engaged in business in the States of Ohio, Indiana, Illinois and Michigan; and that the Salesman shall not, during the continuation of this agreement, aid, work for, or sell the products of any other person, firm or corporation, without first obtaining the consent, in writing, of the Employer. 3. That, during the term of this agreement, the Employer shall neither hire, employ, nor engage, any other person, or persons, to travel for it, or in its behalf, as a salesman of its cloaks and suits, in the States of Ohio, Indiana, Illinois and Michigan, without first obtaining the consent, in writing, of the Salesman. 4. That the Employer shall, at its own cost and expense, furnish the Salesman with samples of the cloaks and suits to be sold by him; and the Salesman shall return such samples in as good condition as when received by him, reasonable tear, resulting from their proper use, excepted. 5. That the Employer shall pay the traveling expenses incurred by the Salesman, to the extent of, but not exceeding, the sum of one hundred ($100) dollars in any one week. 6. That the Employer shall advance to the Salesman the sum of Cf. Northwestern Mutual Life Ins. Co. v. Mooney (1888), 108 N. Y. 118, 15 N. E. 303; L. J. Wing Mfg. Co. v. Thompson (1909), 120 N. Y. Supp. 50. one hundred and fifty ($150) dollars on Saturday of each and every week, during the term of this agreement. 7. That the aforesaid traveling expenses and advances shall be charged to, and deducted from, the commissions of the Salesman, which shall be computed as hereinafter set forth. 8. That the Employer shall pay to the Salesman, as commission, a sum equal to seven and one-half (72%) per cent of the amount of all orders for cloaks and suits received by the Employer by, or through, the efforts of the Salesman. 9. That the Employer shall pay to the Salesman a sum equal to five (5%) per cent of the amount of all re-orders of cloaks and suits received by the Employer, as the result of sales originally made by, or through, the Salesman. 10. That the Salesman shall receive no commission, or commissions, for any sale, or sales, which may, or shall be made, during the term of this agreement, to the following persons, firms or corporations, engaged in business in the territory herein assigned to the Salesman, viz.: John Jones Co., of Chicago, Ill. Smith Brown & Co., of Indianapolis, Ind. Thomas Clarke, of Cleveland, Ohio. 11. That there shall be an accounting and settlement between the Employer and the Salesman every six months. IN WITNESS WHEREOF, the Employer has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be affixed, attested by its Secretary, and the Salesman has hereunto set his hand and seal, the day and year first above written. Doe, Inc., (Seal) Attest: Henry Koe, Secretary. Richard Roe (L.S.). No. 300. Same-another form, whereunder employer agrees to loan weekly sums to employee, who agrees to repay same on demand.15 AGREEMENT, made January 5, 1923, between Doe Co., Inc., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Manufacturer"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Salesman"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the Manufacturer hereby hires the Salesman to sell, and the Salesman hereby agrees to work for the Manufacturer in selling, its coats and suits in the States of New York, Pennsylvania and Ohio. 2. That the Manufacturer shall, at its own cost and expense, supply the Salesman, for use in discharging his duties hereunder, with samples of its coats and suits; that such samples shall, at all times, continue to be the property of the Manufacturer, and shall be delivered to the Manufacturer immediately upon its demand therefor, or, in the absence of a prior demand, at the end, or other termination, of this agreement; and that such samples shall be so returned in as good condition as when the same were received by the Salesman, apart from reasonable tear and depreciation resulting from their proper use. 3. That the Manufacturer shall direct the time, or times, when the Salesman shall travel in the aforesaid territory herein assigned to the Salesman, and shall, also, determine the duration of his trips therein, and the route, or routes, over which the Salesman shall travel. 4. That the Salesman, while traveling outside of New York City, shall daily notify the Manufacturer in writing of the names and addresses of all persons, firms or corporations whom he may have visited, and the results of each such visit; and shall, with such 15 Cf. Kenner v. Southwestern Oil Co. (1904), 113 La. 80, 36 So. 895; Milligan v. Sligh Furniture Co. (1897), 111 Mich. 629, 70 N. W. 133; Sabin v. Kendrick (1901), 58 App. Div. 108, 68 N. Y. Supp. 546. report, send to the Manufacturer any and all orders procured by him. 5. That the Manufacturer may: (a) refuse, or reject, any order, for good cause; (b) cancel any order, either in whole or in part, after the acceptance thereof; (c) consent to a cancellation of any order, either in whole or in part, either before or after the shipment of the merchandise; (d) accept any and all returns of merchandise made by customers; and (e) grant such allowances to any customers as it shall deem reasonable. 6. That the Manufacturer shall ship not less than ninety (90%) per cent of the total amount of the orders procured by the Salesman and accepted by it; and the Manufacturer shall pay to the Salesman a commission of seven and one-half (72%) per cent of the amount of all moneys received by the Manufacturer for any merchandise shipped upon any orders procured by the Salesman, and a like amount of commission upon any further merchandise ordered by the customers of the Salesman during the term of this agreement. 7. That the commissions earned hereunder shall be payable to the Salesman semi-annually, after deducting therefrom the amount of all loans then due to the Manufacturer from the Salesman. 8. That the Manufacturer shall loan to the Salesman the sum of one hundred ($100) dollars a week, for a period of four weeks from the date hereof, and for such further period as the amount of commission credited to the Salesman shall exceed the whole amount of such loans; and the Salesman, upon demand, shall repay such loans to the Manufacturer. 9. That the Salesman shall not, during the term of this agreement, either directly or indirectly, sell, or offer to sell, the coats and suits of any person, firm or corporation, other than the Manufacturer. 10. That this agreement shall commence on the date hereof, and shall continue for one year thereafter; provided, however, that the Manufacturer shall have the right to terminate this agreement, within one week after April 4th, 1923, if the Salesman shall not have obtained and delivered to the Manufacturer, on or before April 4, 1923, orders from customers within his territory, aggregating in amount at least ten thousand ($10,000) dollars. IN WITNESS WHEREOF, the Employer has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be affixed, attested by its Secretary, and the Salesman has hereunto set his hand and seal, the day and year first above written. Agreement hiring silk finisher, whereunder the employee agrees to perform his work in a manner satisfactory to the employer and his customers.16 AGREEMENT, made January 5, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. The First Party hereby employs the Second Party, and the Second Party agrees to work for the First Party, as a silk finisher in the business of the First Party. 2. The Second Party shall, in accordance with the orders and directions of the First Party, devote all his knowledge, skill, and working time, solely and exclusively, to the business and interests of the First Party, and shall execute his work to the satisfaction of the First Party and his customers, and shall not, during the term of this agreement, either directly or indirectly, enter into any business, or employment, with, or for, any other person, or persons, corporation or corporations. 3. The working hours of the Second Party, shall be from 8.30 18 Adapted from Messmer 7. Boettger Silk Finishing Co. (1914), 160 App. Div. 519, 145 N. Y. Supp. 560. |