Sullivan

Respondent Donald A. Sullivan brought this action against appellant Del Conte Masonry Co., Inc. asking an accounting and payment of money due under an employment agreement. The trial court found that respondent had been employed by appellant at a salary plus commission, and that there was due him the sum of $8,880.91.

Appellant contends that an accord and satisfaction was entered into and consummated and its debt thereby discharged. Appellant also argues that the court’s findings are not supported by the evidence. Neither of appellant’s contentions may be upheld and we therefore affirm the judgment.

Appellant corporation is in the masonry contracting business and Anthony Del Conte is its president and sole stockholder. Respondent was employed by appellant from 1954 to July 1961. Prom 1954 through 1956 respondent was to receive a salary for his services, plus 2 per cent of the gross bid price of jobs secured by him. In late 3956 the terms of respondent’s employment were changed by mutual agreement so that beginning January 1, 1957, he was to receive 50 per cent of the net profits of appellant’s business. In August 1958 respondent became a director of the appellant corporation and…