The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-16
MAY PUFF HIMSELF UP.
Man Seeking "a Position Can Speak
Well OF Himself

Well OF Himself.
To what extent a man hustling for
a position as salesman is justified in
eXtolling his own abilities in order to
get the job, was the interesting ques-
ton involved in an order and memo
randum filed by Judge Otis yesterday
The case is that of Alfred A. Smith
against the Michigan Buggy company,
winch mas an agency in this city. Mr..
Smith has sued the buggy company for
the sum of 81 300.18 alleged to be due
hlm for breach of contract. He alleges
In his complaint that the company en-
gagged him in July, 1891, as a travelling
salesman, agreeing to pay him $125 a
month and expenses for the remainder
or the year 1891, and 81 800 and ex-
penses for the year 1892. On the first
day of February, 1892 the defendant
discharged him, without cause, SO Mr.
Smith declares. He. secured another
job, however, upon which he realized
Sl,044.O8 during the remainder of the
year. But inaSmuch as he would have
earned $1,650 salary, and received $685.
in expense money had not the defend
ant discharged him, Mr.. Smith wants
Judgment for $1,3001S, that sum repre-
senting the difference between what he
actually realized and what he was de-
prived of an opportunity of earning.
The defendant company in it's an
swer admits the contract as alleged in
the complaint, but pleads in juStifica-
ton of it's action that Mr.. Smith, when
he hired OUT as salesman, repre-
Sented that he had been engaged in
the buggy and carriage business for
several years, as salesman, that he
was first-class salesman, and that he
had and could control trade of $780,
600 year in the business and, if en-
ployed by the defendant, that he would
turn over to the company said trade
of 100000 a year. The defendant com
pany declares that these representa-
lions were false, and that during the
seven months that Mr.. Smith was in its
employ, he sold a. little over $4,000
worth of goods The company further
alleges that Mr.. Smiths salary and ex-
penses amounted to about half that
sum, that he was wholly incompetent as
a salesman, and that his services were
of no value, but a loss to the company.
The company concludes it's answer
with the allegation that Mr.. Smith
did not devote his entire attention to
his business and made improper ex-
pense charges.
Mr.. Smiths attorney moved to strike
out certain portions of the answer, and
the defendant company moved for
Judgment for the failure of the plaintiff
to reply to the answer. Judge Otis
denied both motions. Accompanying
the OTOer TO Jndt erect is a memOran-
dunn, in which Judge Otis says:
1t is not actionable to represent ones self
as a frst-class saleman, able to control a
large trade. but it might become proper to
show, that these statements were made in
connection with representation Of having
been long in the business, and having worked
up a large trade. They serve to characterize
and give emphasis to the actionab1e represen-
tations. That plaintiff did not turn over to
defendant 100000 worth OF business tends to
show that he did not have it, or II he did,
was unfaithfuls ana also shows damage in
that the representation was not made good.
The allegation that plaintiff made charges for
expenses not incurred Is sufficiently definite
against a motion to strike out