Aly Handbags, Inc. v. Rosenfeld
| Decision Date | 27 April 1976 |
| Docket Number | No. 75--1496,75--1496 |
| Citation | 334 So.2d 124 |
| Parties | ALY HANDBAGS, INC., a Florida Corporation, and Alberto Llodra, Appellants, v. Ira ROSENFELD, Appellee. |
| Court | Florida District Court of Appeals |
Gelb & Spatz, Miami, for appellants.
Nachwalter, Christie & Falk, and Steven Kronenberg, Miami, for appellee.
Before BARKDULL, C.J., HAVERFIELD, J., and CHARLES CARROLL, (Ret.) Associate Judge.
Defendants appeal an order granting plaintiff an accounting in an action to recover commissions due pursuant to a contract of employment.
On October 2, 1968 plaintiff, Ira Rosenfeld, an experienced handbag salesman, entered into a written employment contract with defendant Aly Handbags, Inc., whereby plaintiff was to receive a 10% Commission on all net sales made in Florida plus out-of-state accounts designated by him, and a 3% Override commission on all orders which were not his accounts. Shortly thereafter, plaintiff discovered that defendant had made sales on which it was not paying commissions by designating them 'house accounts' (sales made in areas where there were no salesmen). Whereupon, he complained to defendant, Alberto Llodra, president of Aly Handbags, and threatened to quit. Llodra assured plaintiff that such conduct would not be repeated and orally agreed to give him an additional 2% Commission to be placed in a joint account at the First National Bank of Hialeah on all net shipping made from Aly Handbags. On September 1, 1970 the parties entered into a new employment contract providing for the same commission structure as the 1968 contract. Subsequently, plaintiff again voiced his dissatisfaction in not receiving commissions on cash sales being made to retailers and customers and then discovered Llodra discontinued the joint account at the bank. On February 16, 1973 plaintiff's employment was terminated and he filed the instant action seeking to collect the commissions due on the house accounts and cash sales dating from the 1968 contract. Plaintiff also sought an accounting and after a hearing, the court entered the following order:
'ORDERED AND ADJUDGED as follows:
'a) Commissions due and unpaid to Plaintiff on all net sales made, shipped and/or distributed by ALY HANDBAGS, INC. on orders made by the Plaintiff prior to his termination by Defendant on February 16, 1973, and on all reorders on such sales or orders, even though the shipments thereof were not made until after the termination of Plaintiff's services.
'b) Any 3% Override commissions due to IRA ROSENFELD on orders shipped prior to the termination of services on February 16, 1973.
'c) Plaintiff shall further have the right to inspect the books and records of ALY HANDBAGS, INC., concerning commissions due, if any, on cash sales and house accounts, as reflected in the books and records of ALY HANDBAGS, INC.
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...agreements and understanding concerning the subject matter of the MSA are superseded by the MSA itself. See Aly Handbags, Inc. v. Rosenfeld, 334 So.2d 124, 126 (Fla. 3d DCA 1976) ("The well established rule of law is that a contract may be discharged or extinguished by merger into a later c......
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