Vance

An appeal is taken from a judgment entered in favor of plaintiff for the principal sum of $1,770, and from an order denying a motion made by defendant for a new trial.

Defendant is a fraternal insurance organization. In July, 1900, it employed plaintiff as a general organizer of the order. Among other duties, plaintiff under his contract was required to organize and institute lodges, secure members therefor and instruct the officers thereof. The contract of employment was in writing and contained a clause providing for the compensation to be paid plaintiff as follows:

Plaintiff entered upon the employment under the terms of the agreement and continued therein until July, 1905. During the period of his service a statement was sent him each month from the office of the supreme secretary showing what moneys were due him at the several dates which the statements bore. On these statements, under a heading of “Suspended, died, or for whom commission is all paid,” a list of names of persons who had been brought into the order through plaintiff’s efforts would be appended. Under his contract plaintiff was entitled to have apportioned to him one-half of all assessments collected from…