Schmitt

In this action plaintiff and re spondent Schmitt sued to recover commissions aggregating $2,608.50 for the purchase of cattle at fifty cents per head. He joined as defendants Northern Counties Land & Cattle Co. and William Clark Crittenden, Inc., both corporations, which are the appellants herein, and William Clark Crittenden and Richard Meyer, individuals. At the close of plaintiff’s case a nonsuit was granted as to William Clark Crittenden and plaintiff voluntarily dismissed Meyer. The jury brought in a verdict against the two appellants jointly for $2,636.50. The appeal is from the judgment entered pursuant to this verdict.

The evidence showed without contradiction that Richard Meyer was employed under contract by appellant Northern Counties Land & Cattle Co. as ranch foreman and that he also performed services at various times when called upon by appellant William Clark Crittenden, Inc., and other corporations owned and controlled by William Clark Crittenden. The cattle here in question were purchased by Meyer through arrangements with respondent Schmitt, and were delivered partly to one appellant and partly to the other. It is not disputed that Meyer agreed to pay Schmitt…