Williston - Sections 43, 90, 1015n.
hereinafter called the Employer, and................hereinafter referred to as Salesman, Witnesseth:
1. The Employer hereby engages the Salesman as a salesman and the Salesman agrees to serve the Employer in such capacity.
2. The Salesman agrees to furnish the Employer a surety bond for..................Dollars, which bond must be satisfactory to the Employer, said bond to be furnished within ..........months from the date hereof.
3. The Salesman agrees to devote his whole time and energy to his duties under this agreement.
4. The Employer agrees to pay the Salesman as compensation hereunder, an amount equal to.................of the difference between the prices known as the salesman's basis prices and the prices paid by the customers, said basis to be as set forth in Schedule A attached hereto and hereby made part hereof. In the event that the present market prices of the products listed on Schedule A or any of the ingredients thereof, shall be increased, then and in that event, the prices listed on Schedule A shall be correspondingly increased.
5. The Employer agrees to pay the Salesman $..........
per week, which sum shall be charged against and deducted from moneys earned by him hereunder. If, however, commissions earned shall be less than the sum drawn hereunder, said Salesman agrees that the difference shall be a debt due and owing from and by him to the Employer and which he agrees to pay. Commissions allowed and paid on accounts which shall thereafter fail or remain unpaid, shall be charged against commissions.
Northwestern Mutual life Insurance Co. v. Mooney, 108
N.Y.118,15N.E.303. Lobsitz v. Leffler, 140 App. Div. 14, 124 N. Y. Supp. 533; Affirmed 206 N. Y. 703, 99 N. E. 1110; Durante v. Raimon, 136 App. Div. 448, 120 N. Y. Supp. 881; Wolfsheimer v. Frankel, 130 App. Div. 853, 115 N. Y. Supp.
958; Hollender v. Friedenberg, 60 Misc. 566, 112 N. Y. Supp.
467; Strauss v. Arthur Wolfsohn Co., Inc., 95 Misc. 171, 159
N. Y. Supp. 78; Samuels v. Bloom, 91 Misc. 7,154 N. Y. Supp. 189; Auerbach v. Ramer, 80 Misc. 645, 141 N. Y. Supp. 848; Kane v. Auto Laks Mfg. Co., 172 N. Y. Supp. 275; Isaacson v. Andrews, 64 App. Div. 408, 72 N. Y. Supp. 177;
69 App. Div. 430, 74 N. Y. Supp. 1039; Schwerin v. Rosen, 45 Misc. 409, 90 N. Y. Supp. 407; Jos. Beck & Sons v. Danaher, 93 Misc. 537, 157 N. Y. Supp.
6. It is agreed that the Salesman shall have the right to collect money for and on behalf of the Employer from customers to whom he shall sell under this agreement, it being expressly understood and agreed that such collections are made by the Salesman as agent for the Company.
7. It is agreed that the Employer shall be the sole judge in the matter of extending credits and shall have the absolute right to fill or reject any order for goods sold hereunder.
8. It is agreed that the relation between the parties hereto is that of employer and employee and nothing herein contained shall be construed to create the relations of partners, anything herein contained to the contrary in anywise notwithstanding. 9. It is agreed that this contract may be terminated by either party hereto on..........days' written notice to the other, said notice to be sent by registered mail to the address of the parties as hereinabove set forth.