07-02-07 A-3829-05T3
In this non-jury action, the trial judge awarded a salesman
damages against his former principal based on a determination as
to what their contract required; the judge awarded additional
damages based upon quantum meruit. The court concluded, in
light of the presence of an express contract as to the amount of
commissions due, that the trial judge was precluded from
awarding additional commissions based upon quantum meruit.
The court also held that the Sales Representatives' Rights Act,
N.J.S.A. 2A:61A-1 to -7, governs the amount of counsel fees to
which the salesman might be entitled upon remand. The Act
limits such an award to a determination of whether the fees
sought were actually incurred and whether the fees actually
incurred represented a reasonable expenditure of time and effort
for what was accomplished in the lawsuit.
