Loescher

This appeal is from a judgment in the plaintiff’s favor in an action upon a contract by the terms of which the defendant was created the agent of the plaintiff to make sales of nursery stock.

The contract, which was entered into on December 10, 1918, after providing for the appointment of the defendant as the plaintiff’s agent for the purpose of selling and canvassing for the sale of nursery stock, contained a clause providing that the defendant as such agent agreed that he would sell nursery stock for cash only; would keep full and correct accounts of all sales made, and would make remittances promptly as sales and collections were made; the prices at which such sales were to be made were to be fixed from time to time by the principal; the defendant was to receive a commission of twenty per cent on all sales of nursery stock except citrus and grafted 'grape-vine stock, upon which his commissions were to be ten per cent, which commissions were to be paid.only on orders which had been actually closed and paid for in cash. The clause in said contract out of which this action arose was in the following words: “The party of the second part shall be personally responsible for all…