Wallerich

Plaintiff seeks to recover certain commissions which he alleges he earned by assisting the defendant in selling merchandise in Vladivostok, Siberia. Plaintiff had judgment. Defendant made 'a motion for a new trial, which was denied, and he now appeals. In support of his motion for a new trial, defendant urged, as one ground, the insufficiency of the evidence to justify the decision of the court and that it is against law.

The cause of action is based upon a letter written by the appellant to the respondent while both of' them were at Kobe, Japan, which, in part, is as follows: “Confirming your letter of January 17th, 19Í9, relative to taking a trip with me to Vladivistok and Harbin for the purpose of assisting in selling such commodities as piece goods, dry goods and shoes, it is understood and agreed that the two per cent (2%) commission for such services is payable only on such orders which may be accepted by the firms in America and shipped by them and paid for by the buyers. Commissions are to be paid you as soon as I receive my commissions from the shippers.

“Any other transactions during the above trip, that is, outside of the dry goods and shoe lines, which may be put…