Levinson

The appeal in this case by the defendant A. B. Widney from a judgment against him in the sum of $4,356.90, including costs, involves the -second cause of action in a complaint, which count is founded upon an account stated. It appears that for some time prior to December 19, 1923, the plaintiffs’ assignor, A. L. Martin, had been employed as a real estate salesman by appellant, who was then doing business as the Suburban Estates Company; that his compensation was two and one-half per cent commission on all sales made, plus an additional commission on sales made by Mm personally; that at the time mentioned appellant was indebted to Martin somewhere in the neighborhood of $15,000 for commissions earned. On this date the parties, together with one J. B. Meikle, entered into an agreement whereby the business was to be conducted as theretofore, under the name of the “Suburban Estates Company”; that each of the three parties was to receive “a weekly salary or compensation” as follows:

payable from said proceeds Saturday of each week. Neither of said parties is obligated personally for any of said payments.” Between the date of the agreement from which we have just quoted and April 19,…