Reimer v. Badger Wholesale Co., Inc.

433 N.W.2d 592 (1988)

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Nature of the Case

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Facts

P worked in Missouri as a wholesale food salesperson. P considered moving back to Wisconsin if he received an offer of suitable employment. P met with D. They came to an agreement where P would receive a minimum wage base salary plus commission. P was offered an exclusive territory in the Neenah-Menasha area and an opportunity to expand D's business into the Oshkosh area. P would have a ninety-day trial period to make $10,000 in sales. Based on P's experience, he was told that he could expect to earn between $20,000 and $25,000 a year. P accepted the offer. At his previous employment P earned $350 per week without commission. P and his family moved incurring expenses of slightly over $2000. P began work and immediately discovered that other sales representatives already handled twenty-six accounts in the Neenah-Menasha area. P talked to D about opening up a territory near Oshkosh. D established a minimum number of sales, under which it would not make deliveries, forcing P to deliver goods himself. P terminated D after seventeen and a half working days for lack of sales. P had made thirteen sales in his brief employ. P sued D for breach of contract, misrepresentation, promissory estoppel and wrongful dismissal. Promissory estoppel and wrongful dismissal were dismissed. P elected to proceed with the contract theory. P sought damages of $1,188 for the difference of income at Badger and his previous salary; $12,950 for loss of income following termination until the time of trial; $2,170 for moving expenses; and $5,000 in incidental and consequential expenses. That was a total of $21,245.81. The jury found a breach and awarded $16,500 in damages. D appealed.