Gray

On the seventh day of May, 1908, the intervenor, who is the only appellant herein, entered into a contract with plaintiff and defendant Bonnell, the design of intervenor being to obtain the services of Gray and Bonnell in the promotion of a corporation which was to be organized for the purpose of placing on the market a spring tire for use on automobiles and other vehicles, of which intervenor was the inventor. The written agreement, after providing for the organization of the corporation, set forth terms under which Gray and Bonnell were to take charge of the selling of the shares of the capital* stock of that corporation as fiscal agents thereof, and fixed their compensation at fifty per cent of the amount to be received from such sales. As additional compensation to be received by Gray and Bonnell, the written agreement signed by the three parties to this action provided that four hundred thousand shares of stock, which were to be issued to Magney, should be placed in escrow until January 1, 1909, “or until such time as that the said company shall, through the sale of stock by parties of the second part (Gray and Bonnell) or through the conducting of its business, be on a good…