Beeks

This is an action by a real estate salesman against his broker-employer for one-half of the commission paid the employer on the sale of real property. Plaintiff had judgment and defendant appeals.

The defendant W. Boss Campbell Company is a large concern engaged in handling real estate in Los Angeles, employing some thirty-five or forty salesmen. Plaintiff was one of these salesmen, employed under a written contract originally dated December 4, 1922, and reciting that his remuneration shall consist entirely of commissions, and that on sales “personally closed by Beeks” after certain deductions he “shall receive fifty per cent of the gross commissions, the balance to go to W. Boss Campbell Company”.

The defendant had for sale what is referred to as the “Stith Property” situate on South Hope Street in Los Angeles.

This property was sold for $264,000, a deposit of $5,000, represented by a check of Lee A. Phillips being received by Mr. McCourt, vice-president of the defendant corporation, dated August 17, 1925. The “Sales Deposit Beceipt” was dated August 19, 1925, G. M. Anderson being named as the purchaser. Later the deed was executed to G. M. Anderson, who was secretary for Lee…