Nason

Appeal from a judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial.

Defendant was for a term of years the general agent' for the plaintiff in the state of California. At the time of the trial the parties exchanged accounts, from which it appeared that the only difference between the parties was as to two items, the respondent claiming a credit of $925.23 for return of commissions retained by appellant from premiums on policies that were afterward canceled; and the appellant claiming a credit of $317.33 for commissions earned by him but rebated to insured policy-holders by respondent through adjustments made necessary by reason of the fire in San Francisco of 1906.

If respondent’s claim for return of commissions was sustained without allowance to appellant for earnéd premiums, there would be a balance of $678.77 due respondent. 'The court found in favor of respondent on the single issue of the return of commissions on canceled insurance, and in favor of appellant for the amount of $317.33, earned commissions on adjusted insurance, and gave judgment for the respondent for the balance claimed after deducting this amount.

The record fairly…