Boradori

This action was brought by appellant against respondent, by whom he was employed for a number of years, to obtain a decree directing the payment of such sum as might be found to be owing to him. As stated by appellant in his opening brief, the case involves two principal questions. The first is whether or not appellant is entitled to share in the profits accruing from subletting certain premises in which respondent’s grocery business had been located; the second whether or not appellant is entitled to a reasonable compensation for services rendered by him following the termination of his employment by respondent. Judgment was entered in favor of respondent—defendant in the court below—and from such judgment and the order denying his motion for a new trial this appeal has been taken.

Respondent Frank B. Peterson was for many years engaged in the wholesale grocery business in Main Street, San Francisco, and for a number of years appellant had charge of the business so far as the buying and selling of the merchandise and the direction and control of the salesmen were concerned.

The precise terms of appellant’s employment at the outset do not appear. It is in evidence, however, as…