Quinlan

In an action for an alleged unpaid balance of compensation for services rendered by the plaintiff to the defendant, judgment was rendered in favor of the latter. The only question presented by the appellant is as to whether or not the findings and judgment are supported by the evidence.

It appeared that the parties had a verbal understanding that the appellant should act as sales manager for the respondent, and that he should receive an “over-writing commission” of ten per cent upon all sales effected by salesmen of lots in a certain tract. Thereafter a statement in the form of a letter was signed by both parties, that the respondent would pay five per cent of the gross sale price of all lots sold by the appellant or by salesmen working under his direction or supervision. Subsequently to employment for the sale of lots as at first contemplated, the appellant entered upon the disposition of lots in a second tract. A contract was later executed formally, wherein it was recited that the plaintiff having acted as manager and being entitled to an overwriting commission of ten per cent on all sales, a controversy having arisen concerning his right to receive commissions on sales made…