Larrabee

he respondent Weldon C. Larrabee brought this action against the Republic Bond & Mortgage Company, a corporation', and D. Binkhorst, its president, to collect $2,000 claimed to be due as commissions for the sale of the corporation’s capital stock. The trial court granted a nonsuit in favor of Binkhorst upon the ground that respondent’s contract of employment was with the corporation alone,' and at the conclusion of the trial entered judgment against the corporation for the amount of said commissions less the sum of $450 theretofore advanced to respondent under the terms of his contract, from which judgment the corporation appeals.

The corporation now contends that respondent’s contract of employment was with Binkhorst, and that consequently the corporation was not liable for the payment of said commissions. There is no merit whatever in the contention. The evidence shows that said corporation was about to enter upon a stock-selling campaign and in furtherance thereof had obtained from the corporation commissioner a permit to sell a certain number of shares of its capital stock and to pay a selling commission of not exceeding twenty per cent of the par value of the stock sold.…