Grosse-Becker

This action was instituted by plaintiff against defendants as partners, for services rendered by her as an actress. She recovered judgment, and this *227 appeal is prosecuted from the judgment and order denying a motion for a new trial.

It is insisted by defendants that plaintiff’s services were to be furnished without a definite salary, and that her compensation was to consist of a certain part of the profits of the venture, and, there being no profits, her services were necessarily gratuitous. Plaintiff relies upon an express contract of employment at the fixed sum of one hundred and fifty dollars per month. Plaintiff and defendant Becker testified positively that such was the contract, and the verdict of the jury necessarily indicates that this evidence was given credit by them. Defendant Becker went to Europe in behalf of, and at the request of, the partnership, for the purpose of securing theatrical talent in furtherance of the partnership venture. Without considering Becker’s powers as a full partner in the firm, it appears that under his authorization he made a contract of employment with the plaintiff, at a monthly salary; and the extent of his powers as the agent of the…