Strout

An action to recover the balance of a commission claimed by the plaintiff for services rendered to the defendant, an Indiana corporation, in the sale of an industrial water softener.

The plaintiff was employed by the corporation as its district manager, with the exclusive right to sell in that part of California lying north of the southern boundary lines of Monterey, Fresno, and Mono Counties certain machinery which the corporation manufactures. Under his contract the plaintiff was to be paid as compensation for the sale of industrial water softeners a commission of twenty per cent based on the f. o. b. Fort Wayne, Ind., list prices, it being further agreed that on the company’s products sold by other representatives to purchasers located outside the territory of the plaintiff for use within said territory the latter should receive fifty per cent of the above commission.

On or about January 24, 1925, the defendant by a proposal in writing, executed on its behalf by George W. Bonnell at St. Louis, Missouri, and which was directed to “McNamara Plumbing Co., 6236 Delmar avenue, St. Louis, Mo., for O’Connor Sanitarium, San Jose, California,” offered to sell one water softener to be…