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International Life Ins. Co. v. Sorteberg

Supreme Court of Arizona

March 28, 1950

INTERNATIONAL LIFE INS. CO.
v.
SORTEBERG et ux

Modified on Rehearing May 8, 1950. See 217 P.2d 1038.

Judgment reversed, and cause remanded for further proceedings.

Evans, Hull, Kitchel & Jenckes, Phoenix, for appellant.

Darrell R. Parker, Phoenix, for appellee.

De Concini, Justice. La Prade, C. J., and Udall, Stanford and Phelps, JJ., concur.

OPINION

De Concini, Justice.

Page 703

[70 Ariz. 94]Plaintiffs, A.

H. Sorteberg and his wife, brought an action in the Superior Court of Maricopa County against the defendant, International Life Insurance Company, a corporation, hereinafter referred to as the company, for commissions earned while employed thereby. The action was predicated on a letter of employment by Mr. Ingalls, President of the company, hiring Mr. Sorteberg, verbal agreements between Ingalls and plaintiff, and plaintiff's Exhibit "A" set out below, being an inter-office written communication by Ingalls to the accounting department:

"International Life Insurance Company Phoenix, Arizona

"Inter-Office Correspondence

"Date February 19, 1946

"From Office of the President

"Subject ---

"To the Accounting and Cashier Departments

"Since our billing machine is not equipped to handle any additional commission spreads, please set up a procedure whereby Mr. Sorteberg will receive first year overwriting commissions of 10% of the gross premium on all legal reserve business written by Industrial agents.

"The foregoing is to be retroactive to May 1, 1945.

"Yours respectfully,
"A. G. Ingalls

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