Williams v. MacOndray & Co.

This is an appeal by the defendant from a judgment for $5,000 in favor of plaintiff entered upon a verdict of a jury.

The complaint alleges that on or about January 10, 1918, plaintiff and defendant entered into an agreement whereby plaintiff was employed by defendant to solicit trade with and, if possible, obtain orders from persons, firms, and corporations doing business in or residing in the Republic of China (excepting Manchuria), Hongkong, Philippine Islands, Dutch Indies, Straits Settlements, Australia, and New Zealand for the purchase through defendant of goods and merchandise in the United States for the account of such persons, firms, and corporations, and that in and by said agreement it was understood and agreed that plaintiff should solicit said orders and promote said trade by communicating by mail or cablegram or otherwise with such persons, firms, and corporations, and it was agreed by and between plaintiff and defendant that in consideration of the performance of such services by plaintiff, the defendant would on demand pay the plaintiff a commission of twenty - five per cent of the gross profits made or earned by defendant on all business received by defendant…