Sawyer & Company, Inc. v. Elements Food Group, Inc
This is a complex accounting case involving claims for unpaid commissions which the trial judge said was “one of the most difficult cases in [her] time on the civil panel.” We will do our best to sort it out.
The losing party, Sawyer & Company (Sawyer Inc.) presents four arguments on appeal. It first claims that a spreadsheet (set forth in both exhibits 122 and 125) offered by defendant Elements Food Group (Elements), should not have been admitted into evidence because it wasn’t prepared until after the trial had begun. Sawyer Inc. thinks Elements should have been held to an earlier-prepared exhibit, exhibit 3. We reject this claim because the spreadsheet recalculated commissions in Sawyer Inc.’s favor, correcting a mistake exhibit 3 had made in applying a lower commission rate than allowable even under Elements’ own theory of the case. The trial judge was within her reasonable discretion to allow the recalculation into evidence.
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