Abrams

Action to recover the sum of $478.25 as commissions for the sale of certain personal property.

The answer denied the indebtedness and alleged a set-off and counterclaim of $390. The court found for plaintiff and against the counterclaim and entered judgment for plaintiff in the full amount prayed for. Motion for new trial was made and denied, but the judgment was modified by changing the amount from $478.25 to $404.50. The appeal is from the original judgment, from the order denying a new trial and modification of judgment. The main point relied upon for a reversal is that the trial court improperly interpreted the commission agreement. So much of the instrument as is necessary for a discussion of the case reads as follows: “Tour commission will be 10 per cent for all articles except for rayon where your commission will be 6 per cent, on the prices contained in my price-list. If you attain higher prices than those given to you you are entitled to 50 per cent of the difference. In this connection I wish to inform you, that I am getting here locally for 450 & 3/3 twist from the milliners and dressmakers, in some eases, as high as, $3.50 per lb. and never less than $3.00. I think…