Barber v. SMH (US), Inc

In Barber v. SMH (US), Inc, 202 Mich App 366, 370-371; 509 NW2d 791 (1993), the Court noted that "entitlement to post-termination commission depends primarily upon the parties' intentions as determined from the contract and other circumstances." Id. at 373. The exact language of the agreement in Barber stated that "in the event of termination of this agreement by either party, commission will be paid on all orders received and shipped as of the date of termination." Id. at 374. The Court concluded that the plaintiff was not entitled to any commission for merely procuring customers. Id. Rather, the plaintiff was only entitled to commission when the defendant both received and shipped the order to the customer before the termination. Id.