Arnold

The plaintiff seeks to recover the sum of $4,362.43, claimed to he due and unpaid at the time of the commencement of this action, and the further sum of $300, claimed to have become due, owing, and unpaid “subsequent to the filing of the original complaint herein and the commencement of this action, and prior to the date of trial,” by virtue of certain of the- terms of a written instrument, which, in words and figures, is as follows:

By proper allegation it is shown that plaintiff has fully complied with the terms of the foregoing instrument.

There was a demurrer to the amended complaint, which was overruled. Except for the mere formal parts, and the fact that it admits that the amount claimed to be due' has not been paid, etc., defendant’s answer denies each and every material allegation of the complaint. On the issues thus presented the case was tried by the court without a jury. At the close of plaintiff’s case defendant moved for nonsuit, which motion was denied. Judgment went for plaintiff for the amount of his commission of five per cent on the payments actually made to and received by the La Belle Oil Company prior to the commencement of the action, and also on the…