Lura

Vance Lura appeals from a judgment in favor of Multaplex, Inc. in litigation concerning commission payments claimed by appellant.

At all relevant times appellant was a full-time employee of a firm known as NorCal Tech. Respondent solicited appellant’s assistance in obtaining various business accounts. Appellant succeeded in procuring several customers for respondent. These customers were also customers of appellant’s employer; appellant had serviced these accounts for his employer for some time. The present parties’ agreement for commission payments was set out in a memorandum, dated April 7, 1975, prepared by respondent. This original written agreement provided that appellant would receive a 5 percent commission on three specified accounts, that accounts might be added as agreed upon by respondent and that commission payments would be made on a particular date following shipment. The parties later amended the agreement to include another account and to provide that respondent would pay no commission for shipments in excess of $40,000 per month. The parties neither discussed nor reached an understanding as to the duration of the agreement. Appellant merely solicited the…