Ackerman

The appeal in this case is based upon alleged error in ruling upon the admission of testimony and the claim that the findings are not supported by the- evidence. The court rendered judgment against the defendant on the complaint for $538.65, and for the defendant on the counterclaim for $70.63. The action is for goods, wares, and merchandise sold and delivered, and the counterclaim -is for commissions earned under contract. Plaintiff was a manufacturer of a polish and did business under the name of “Volrox Manufacturing Company.’’ Defendant was engaged in the wholesale grocery business. The court found that on or about October 10, 1918, plaintiff sold to defendant seventy cases of “Volrox” for $538.65, to be delivered to the defendánt in Los Angeles; that plaintiff and defendant entered into an agreement by which defendant was to act as the sole distributor of “Volrox” in a certain territory and that the defendant was to receive five per cent of the selling price of any of the polish which the plaintiff might sell therein except to the defendant; that plaintiff sold $1,407.55 worth of the polish to others than defendant, which was the basis of the court’s judgment for the…