Chamberlin

This action was commenced, by the plaintiff to recover the sum of #6,650 alleged to be due him as commissions upon a contract for the sale of furniture. There is also a second count in the complaint in quantum meruit for the same amount as stated in the first cause of action. The contract sued upon is dated November 9, 1925, and is between the plaintiff A. A. Chamberlin, as the party of the first part, and N. Gallucci, an individual doing business under the firm name and style of Universal Manufacturing Co., the party of the second part, and hereinafter referred to as the Manufacturing Co. It is provided in said contract that plaintiff would handle the merchandise line of the Manufacturing Company in San Francisco for two years excepting the Emporium account; that plaintiff should receive a commission of five per cent on all orders taken and accepted by the factory; that plaintiff should sell not less than $10,000 per month beginning January 1, 1926, otherwise the contract to be void; that plaintiff should not handle any other line but that of the Manufacturing Company. There is a further provision “That upon the resignation of the salesman Mr. McKee, now covering the bay towns…