Petition for hearing after decision of the District Court of Appeal, Third Appellate District, Plummer, J., writing the opinion of the court. Upon a more thorough investigation of this case than we were able to give it on the petition for hearing we have concluded that the decision of the District Court of Appeal fully and correctly decided the cause and we therefore adopt its opinion as the decision of this court.

“Plaintiff had judgment against the defendant in this action for the sum of $2,180.68 alleged to be due as commissions earned on a certain contract of employment hereinafter set forth. From this judgment the defendant appeals.

“The plaintiff in his complaint asks for the sum of $3,099.78, against which the court allowed a counterclaim or offset in favor of the defendant in the sum of $919.10. The defendant, in its answer, set up a counterclaim against the plaintiff in the sum of $795. This counterclaim was allowed in the amount just stated, as an offset to plaintiff’s demand.

“The record shows that the defendant is a corporation engaged in the business of selling books; that during the time hereinafter mentioned the plaintiff was employed by the defendant as the general agent of the defendant, having the management and control of the sale of books and the collection of the purchase price thereof from the persons to whom books were sold. The method of conducting the business is not disclosed by the record, but there is sufficient to lead to the conclusion, that books were sold upon the instalment plan, and it was the duty of the plaintiff to supervise the sale and distribution of books and to look after the collection of the instalments to be paid by purchasers to whom books were sold. In other words, the record shows that the plaintiff had at least two important duties to perform—first, to make sale of books; second, to attend to collection of the purchase price of the same. The extent of the agency is not disclosed by the record, further than that the evidence would indicate that the territory over which the plaintiff had supervision included the state of California and part of the state of Oregon, as the documents in the record refer to Los Angeles, San Francisco and Portland. The record shows that considerable correspondence was had prior to reducing the terms of the employment to writing, and that finally the parties came to an agreement which was and is embodied in the following instrument:

The foregoing consideration of the cause impels a reversal of the judgment and a direction to the trial court to enter judgment in favor of the defendant for the amount of its counterclaim set forth in its answer, to wit, in the sum of $769.10, and costs.

It is so ordered.