Caro

This is an appeal by defendant from a judgment and from an order denying his motion for a new trial in an action for commissions upon sales of wine and brandy, of which the defendant was a manufacturer. By a contract dated January 2, 1912, he employed the plaintiff “as his sole representative for the sale of wines and brandies in the United States except the State of California, for the term of two years,” subject to the terms and conditions contained in said contract. Defendant agreed to pay plaintiff “as compensation for his services ... a commission on all sales of the first party’s wines and brandies made in the representative’s territory of seven and one-half per cent on the minimum price per gallon f. o. b. wineries and distilleries” of defendant, “and a commission of twelve and one-half per cent on all wines and brandies sold at eight cents or mo're above the minimum price.” The contract further provided that the defendant should have the right to fix all prices.

The court, we think, correctly included in its judgment commission claimed on a number of sales for delivery outside the limits of California in cases where the purchasers were customers of the plaintiff…