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Zeffiro v. Gillen

In action for payment of commissions, judgment in favor of plaintiff affirmed; although the incentive agreement at issue did not make clear plaintiff's entitlement to commission, the practice of the parties over the course of several years did.

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� 1 J. Michael Gillen (“Gillen”) appeals from the judgment entered in favor of Appellee, Timothy Zeffiro (“Zeffiro”), in an action brought by Zeffiro for the payment of commissions. We affirm.

� 2 The Gillen company is a manufacturer, agent and distributor that sells raw materials to paint manufacturers, as well as particular compounds for related industries. The Gillen company also served as an agent for Van Horn, Metz & Co. (“Van Horn Metz”), a manufacturer of similar industrial products. Van Horn Metz paid a commission to the Gillen company for products it sold on behalf of Van Horn Metz.

� 3 Zeffiro was employed by Gillen from 1981 until 1998. In January of 1981, the parties first entered into a contract for Zeffiro’s employment. *fn1 The agreement outlines the procedures to be followed for payment of commissions to Zeffiro. This agreement included a sentence that provided: “If T.C. Zeffiro leaves J.M. Gillen Co., his commission will be based on the above and not on sales made.” Subsequently the parties entered into new employment contracts. Subsequent contracts were dated March 19, 1984, and February 2, 1985. Neither of these contracts included the separation language included in the 1982 contract.

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