Crisafulli Bros. v. Cucamonga Vintage Co.

Plaintiff's assignor, G. Crisafulli, and the Cucamonga Vintage Company, entered into contract in writing, dated November 7, 1918. Under this agreement G. Crisafulli became entitled to commissions amounting to $1,-950.06. These sums were earned through his services rendered as a broker in procuring for the defendant two contract's to purchase wine referred to as the Mariani Bros, and Bellanea & Co. contracts and which were dated October 31 and November 7, 1918', respectively. The contract between G. Crisafulli and the defendant was executed just after the other contracts mentioned and stipulated that the broker should receive a commission of two cents per gallon for one sale and three cents per gallon for the other.

On November 21, 1918, Crisafulli, acting as agent and broker for Joe Finelli and one E. Penna, executed contracts for each of these parties by which they agreed to buy Cicilian wine from the company. The contracts contained this provision: “The buyer agrees to pay Ten Dollars ($10) per barrel within five days from this date, balance to be paid by sight draft attached to Bill of Lading. ’ ’ Under these two contracts the defendant was entitled to receive $3,000 on or…