The daily journal. (Salem, Or.) 1899-1903, 1902-10-28
CLERK
RECEIVES
VERDICT
YandersOl Given a Verdict
Against Oregon Shoe Co.
Clerk Not Liable For Goods
Sold Minor Brother

The case Of Paul Vandersol vs.. The
Oregon Shoe Company was heard in
Justice Horgan's department Monday
afternoon. and was submitted to the
jury at o'clock.
The real question involved was
whether or not a salesman Is responsi-
bic for the sale under verbal arrange
ment Of goods made to a minor broth
err When the plalntih in the case dis
continued working for the defendant
company, there was owing the house
from a minor brother OF the plaintiff
the sum Of Sc for a pair OF shoes that
the plaintiff had sold The manage.
ment Of the firm proposed in settling
with Paul Vandersol to deduct from
the amount Of wages that was due him
the sum OF Sc. that was due from Will
lie, brother Of the plaintiff, but the
ex-clerk refused to settle on such
terms, and, an agreement not being
reached, the case was carried into the
courts with the result given above.
Paul vandersol. the plaintiff. Ernest
and Wilson Vandcrsol and Jordan Pur-
vine were called for the plaintiff, who
was represented by J. II. and G. L..
McNary. The defense called only two
witnesses, John Often and w. T.
Sherman. president and treasurer. re-
spectiyely OF the company. J. A. Car
son appeared for the defendant.
In presenting the closing argu-
ments. Carson said that the case was
simply dispute over the bill Of Sc, but
that considerable ill.feeling had been
shown toward the defendant by the
plaintiff and his witnesses. who ap-
peared TO be angry at often. and had
IL In for him. Consul argued that the
salary was payable monthly, and that
II the jury found from the evidence
that such was the fact, then the case
had been brought too soon, since the
wages alleged To be due were not 10
galy owing until November 1st, and
in that event the case should be dis
missed. The plaintif has always been
considerably treated by the defend
ant. and the standing and reputation
OF the brother Of the plaintiff for pay
ing other bills did not enter into the
consideration of the question. II II
had been shown that the plaintiff had
been treated right by the defendant
then II was the place Of the jury to
find a verdict for him in the sum OF
lSi497 the amount that had been ten
dered in court by the defendant. and
no more
| J. n. McNary mpde a splendid talh
for he plaintiff. and more particularly
in defense OF the younger brother oI
the plaintiff, whose reputation for the
prompt and reliable payment of obli
cations had been assailed. He re
viewed the testimony OF the witnesses
and showed that Willie Vandersol ha'
been trading with the same shoe stor'
for eight years. and yet he had neye
lhad a bin presented 10 him. having al
ways paid promptly. He said that l
was a matter OF common custom tina
when clerk quit his employment b!
mutual consent that his wages be
came due at once. Counsel further de
,clared that there was not law ol
earth that would make Vandersol Il
gally obligated 10 pay bill for hi
minor brother, for there must be
contract in writing 10 enforce such
transaction. The attorney conclude
his argument by paying a deserve
compliment TO the young man, VIII
Vandersol. whom he represented a
being the mainstay and support OF
mother and who had always show
himself in his daily walk TO be youn
man of the strictest Integrity and M
b sassailable honesty,
The jury consisted Of Messrs Dayi
, Steiner. J. r. Farley. II, s. Belle, n.
, Burley. Il. r. Albert and J. y Begg
A verdict was returned for the plail
tin for 5000. being the amount sue
. for