Cohen

This appeal is prosecuted from a judgment in favor of respondent in the sum of $609.04. The action is for money due on a mutual open and current account. Prior to July, 1923, appellant had been employed by respondent as a salesman in certain territory in southern California. He was employed upon a commission varying from three and one-half per cent to one per cent of the gross sales. In July, 1923, while appellant was spending his vacation in San Bernardino County, L. J. Kauffman, sales manager of respondent, wrote a letter to him wherein it was stated that respondent would allow appellant three per cent upon gross sales made by him. Appellant agreed to this arrangement and thereafter again commenced work on this basis. He received from respondent a drawing account of $65 per week and any surplus of commissions that were due him at the rate of three per cent upon gross sales. In many instances he overdrew and became indebted to respondent. There was no stipulated time in the agreement as to how long the three per cent would continue. Appellant also bought merchandise from respondent on his own account from time to time.

The above arrangement as to commissions continued until…