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STATE OF MICHIGAN
COURT OF APPEALS


DUANE H. BARLOW, Plaintiff-Appellee/Cross-Appellant, v M.J. WATERMAN & ASSOCIATES, INC., and MICHAEL J. WATERMAN, Defendants-Appellants/CrossAppellees.

UNPUBLISHED May 30, 2000

No. 206929 Oakland Circuit Court LC No. 96-522879-CK

Before: Doctoroff, P.J., and Holbrook, Jr., and Kelly, JJ. PER CURIAM. Following a jury trial, defendant M.J. Waterman & Associates (hereinafter defendant corporation) was found liable for $136,345.31 in damages on plaintiff's breach of contract claim. Defendants appeal as of right, arguing that the trial court erred in denying their motions for summary disposition, directed verdict, and judgment notwithstanding the verdict (JNOV). Defendant Waterman (hereinafter Waterman) also appeals from the trial court's denial of his motion for actual costs pursuant to MCR 2.405. Plaintiff cross appeals from the trial court's order granting his motion for costs pursuant to MCR 2.403(O). I In November 1985, Waterman, then sole shareholder and president of defendant corporation, hired plaintiff to work as a sales representative for defendant corporation. At the time, defendant corporation served as sales agent for companies supplying automotive parts to various automobile manufacturers. According to the terms of his employment contract, plaintiff was to represent the interests of defendant corporation's primary customer, Bentler Industries, at Ford Truck, General Motors Truck and Bus, and Buick Oldsmobile Cadillac. The contract provided that in addition to an annual salary of $70,000 and other enumerated benefits, plaintiff would be paid a commission "for all new sales generated" at a rate of "

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