Brawthen

Plaintiff Elwin T. Brawthen has appealed from an order granting a nonsuit made during the course cf a jury trial in an action against' defendant H & R Block, Inc. (hereafter H & R Block). Such an order is appealable. (Wulfjen v. Dolton (1944) 24 Cal.2d 878, 879-880 [ 151 P.2d 840 ].)

We discuss the evidence in a light most favorable to the plaintiff against whom the nonsuit was ordered. (See Elmore v. American Motors Corp. (1969 ) 70 Cal.2d 578, 583 [ 75 Cal.Rptr. 652 , 451 P.2d 84 ].)

H & R Block is a corporation engaged in the nationwide business of preparing state and federal income tax returns. In 1961, in Minneapolis, Brawthen was invited to join the organization as one of its “managers.” In an ensuing discussion with the corporation’s president he was told “that as long as I did a good job in the area that the contract was mine.” A form of “Articles of Employment” prepared by H & R Block was tendered Brawthen. It provided that the “Employee’s share of the net profits shall be 50% of such net profits for each fiscal year ending December 31. . . .”

It also stated: “This agreement shall be for a period of two years from the above date, and thereafter shall…