Beebe

I concur in the foregoing opinion, but deem it advisable to point out that the defense to the action lacks merit for a reason other than the one stated in the opinion. The amount of the judgment represented plaintiff’s percentage of defendant’s earnings under his contract with Uni *368 versal, which, as extended under the options, ran for seven years and terminated October 15, 1943. So far as can be determined from the statement of facts, there was no occasion for plaintiff to render any services in connection with that contract subsequent to the date of its execution. If defendant’s compensation came to him from Universal under the original contract and as the result of services which had •been fully performed by plaintiff, as would appear to be the case, the latter was entitled to the agreed percentage and defendant could not, by terminating the contract, escape liability for commissions which plaintiff had already earned.

Appellant’s petition for a hearing by the Supreme Court was denied February 25, 1946.

The defendant appeals from a judgment in the sum of $4,133 entered against him in a nonjury case for money due upon a contract, reading as follows:

The action was commenced August 6, 1942. The first amended complaint, captioned, “Haldor, Inc., a corporation, (whose corporate name was formerly Hallam Cooley Agency, Inc. and S. George Ullman, a corporation, and prior thereto, Hallam Cooley Agency, Inc., a corporation); Hallam Cooley, Plaintiffs, vs. Ford I. Beebe, Defendant,” alleges that on June 30, 1936, the “plaintiff corporation procured for said defendant and said defendant did enter into a limited term agreement of employment as a Director with Universal Productions, Inc.”; that approximately four months later and *360 on or about October 15, 1936, Universal Productions, Inc. entered into another agreement by which the defendant was employed by that corporation as a director, producer and writer; “That ever since said 15th day of October, 1936, said defendant has been and now is employed under and receiving compensation under the said agreement of October 15th, 1936, entered into during the original term of the agreement . . . and the extensions and renewals of said…

The defendant appeals from a judgment in the sum of $4,133 entered against him in a nonjury case for money due upon a contract, reading as follows:

"HALLAM COOLEY AGENCY,"

California Bank Bldg.

Beverly Hills, Calif.

Crestview--6161

Date 2/8/35

Beverly Hills, Calif.

"Hallam Cooley Agency, Inc."

California Bank Bldg.

Beverly Hills, Calif.

"Gentlemen:"

"1. I hereby employ you to render your services to me as my personal representative in the entertainment industry for a period of 5 years and you accept such employment and agree to render your services to me during the term hereof."

"2. Your duties hereunder are to be as follows: To use all reasonable efforts to procure employment for me; at my request, to advise me with respect to my career and to act in matters concerning my professional interest."

"3. As compensation for your services I agree to pay you an amount equal to Ten (10%) per cent of all money or other consideration received by me during the term hereof, and thereafter, for so long as I remain employed or receive compensation under or upon engagements and/or agreements entered into or negotiated for during the term hereof, or on extensions or…