Newman

The sole question in this proceeding is whether. respondent Commission, in allowing an adjustment of compensation to petitioner, correctly found as a basis for the award that his daily earning capacity was two dollars and fifty cents. At the time of his injury petitioner was working .under a contract of employment which read, in part, “that said employee shall be employed . . . for the purpose of aiding and assisting in drilling an oil well . . . ; the salary to be paid said employee is $11.50 per day, which is to be paid as follows: $2.50 per day in cash payable each 15 days during said employment and the balance of said wages shall be paid when and as and if said well produces oil in paying quantities and then 20% of said oil shall be set aside and sold by said employer and the funds as re ceived in from the sale of said oil shall be paid proportionately to all the employees of said employer who are working under this or similar agreements”. This quotation from the agreement should be supplemented by the statement that the work done under it by petitioner was that of a derrickman.

No precedent to aid in the construction of such a contract as this is presented to us, and we must…