From our private database of 30,900+ case briefs...
Fortune v. National Cash Register Co.
Supreme Judicial Court of Massachusetts
364 N.E.2d 1251 (Mass. 1977)
Orville E. Fortune (plaintiff) was a salesman for the National Cash Register Company (NCR) (defendant). Fortune’s employment contract provided that his employment was terminable at will and that he would be entitled to commissions on sales within his territory. The contract also provided for bonus credits based on the price of products sold in his territory. Fortune would receive 75% of the bonus credits for sales within territory assigned to him at the time the order was placed. Fortune would receive 25% of the bonus credits for sales within territory assigned to him at the time the order was delivered and installed. Fortune would receive 100% of the bonus credits for sales within territory assigned to him at the time the order was placed, delivered, and installed. On November 29, 1968, First National Stores Inc. (First National), a company within Fortune’s territory, purchased about $5 million worth of cash registers, to be delivered over a four-year period. On January 6, 1969, Fortune received a termination notice dated December 2, 1968. Notwithstanding the notice, Fortune was allowed to remain employed in a sales support position. Beginning May or June of 1969, Fortune began receiving commissions representing 75% of the bonus credits for machines that had been delivered and installed to First National. In June 1970, Fortune was terminated. Fortune brought suit to recover unpaid commissions due under his employment contract or, in the alternative, to recover under quantum meruit the reasonable value of his services relating to the First National order. After a jury trial, the Superior Court found in favor of Fortune. The Appeals Court reversed.
Rule of Law
Holding and Reasoning (Abrams, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.