Benedict

Action to recover on contract for commis-

sions earned and disbursements made in sales of real estate by plaintiff’s assignor. The case was submitted on an agreed statement of facts.

The contention of plaintiff is that he was entitled to collect $750 on account' of the disbursements made by him under the contract, consisting of $500 on account of presents to stimulate sales and $250 paid for traveling expenses in going to and from the place at which the sales were made, and commissions on all sales made by him, amounting in the aggregate to $2,310.94, on which he had received the sum of $1,021.25, leaving a balance due of $2,039.69. The defendants admitted by the agreed statement that plaintiff’s assignor had expended $325 on account of presents, and that they owed plaintiff under the contract the further sum of $504.18, included in which was the $250 transportation charge. The defendants contend, however, that of the commissions claimed by plaintiff $1,035.50 were computed on sales made by plaintiff’s assignor, the Metropolitan Land Company, under the contract, but upon which nothing “has been or will be received.”

The court gave judgment for the sum of $325 on account of…