Stephany

This action was brought to recover damages for the breach of a contract. Recovery was had by plaintiff in the sum of $1,675.15, but deeming this sum to be inadequate, he moved for a new trial. The motion was automatically denied, and this is an appeal by him from the judgment and order.

The record shows that the contract sued upon was entered into by the parties on September 15, 1915. By its terms plaintiff was constituted the exclusive sales agent for defendant’s products, consisting of numerous varieties of canned fruits, in the countries of Sweden, Norway, Denmark, Germany, Austria-Hungary and Switzerland. The contract was to exist for a period of five years from its date. Plaintiff’s sole compensation for his services was to be computed upon a commission basis, it being agreed that he was to receive six per cent on the amount of consummated sales, out of which he was to pay his expenses and any subagents he might employ. To properly carry out his part of the contract plaintiff concluded to visit the countries mentioned therein. Accordingly, at his own expense he made a trip to Europe, which consumed some five months or more, upon which occasion he appointed subagents to…