H. F. Fites Co. v. Harris Manufacturing Co.

This appeal comes to us from a judgment rendered by the superior court, in and for the county of Imperial, in an action wherein the plaintiff and respondent brought suit to recover a judgment against defendant and appellant. The complaint contains two counts. The first alleges that a contract of employment was entered into during the month of February, 1922, whereby the defendant employed the plaintiff to act as its agent, salesman, and representative in the county of Imperial to find purchasers for combined harvesters manufactured by the defendant corporation, and as compensation for such services agreed to pay plaintiff fifteen per cent commission on all combined harvesters manufactured by the defendant and sold to persons procured by the plaintiff; that pursuant to said contract of employment plaintiff secured purchasers for four harvesters, for which the defendant received the sum of $11,750, and that the sum of $1,762.50 was still owing to the plaintiff from the defendant as commissions on said sales.

The second count sounds in quantum meruit, and alleges that at the special instance and request of the defendant the plaintiff performed services for the defendant in the sale…