MacFadden

The plaintiffs and respondents instituted an action in the superior court of Los Angeles County upon an alleged verbal contract, of the defendant and appellant to pay the plaintiff John MacFadden a portion of the proceeds of sale for disposing of certain personal property, and of certain insurance premiums refunded. The transaction appears to have been wholly founded upon services claimed to have been rendered by John MacFadden for the defendant. We shall therefore designate him herein as the respondent.

The complaint alleged that the defendant employed the plaintiff John MacFadden to sell certain moving picture films, and to secure the return of certain unearned insur anee premiums thereon, the property of the defendant, for which the latter agreed to pay him one-half of the proceeds of such sale, and of the premiums, which she might receive through such transaction. The defendant denied by answer the existence of any contract in the premises, and affirmatively alleged that although the sale and collection mentioned were consummated, the services were performed by the plaintiffs as employees, for which they were paid wages, in the regular course of employment.

The respondent…