Davis

This is an appeal from a judgment entered in favor of respondent and against appellant on account of a compromise agreement. The allegations of the complaint may be summarized as follows:

In May, 1920, A. W. Scott and Frank Burt were promoting the Golden Gate Cinema Studios Corporation and engaged plaintiff as fiscal agent for the sale of its stock, agreeing to pay him twelve and one-half per cent brokerage or commission “of the amount of all stock issued or subscribed for”; that plaintiff commenced preparations for- the sale of the stock, etc., but that before the conditions of the corporation commissioner’s permit had been complied with Scott and Burt “and said Golden Gate Cinema Studios Corporation decided to organize another corporation to take the place of said Golden Gate Cinema Studios Corporation,” . and organized Pacific Studios Corporation, defendant herein; that prior thereto the employment of plaintiff “ceased and was terminated by mutual consent of the parties, without prejudice, however, to the claim of plaintiff for commissions.” etc.; that there had been obtained subscriptions for $85,000 of the stock of Golden Gate Cinema Studios, a corporation; that plaintiff…