Morris

The California Stabilization Commission asserts that in 1940 and 1941, certain salesmen and brokers associated with Everett Marshall Morris, a licensed real estate broker, were “in employment” within the meaning of the Unemployment Insurance Act (Stats. 1935, p. 1226, as amended; 3 Deering’s Gen. Laws, Act 8780d) and sued for contributions assessed accordingly. The appeal from the judgment in favor of Morris presents for decision the question as to the status of these persons.

There is no conflict in the evidence. During the period for which contributions are claimed, Morris, doing business under the fictitious name of “State Development Company,” engaged the services of six licensed salesmen and two licensed *814 brokers to sell land owned by him. Before the salesmen began their work, Morris, on behalf of each of them, signed either an application for a salesman’s license or an application for the transfer of the salesman’s license to himself as broker. He also aided prospective associates in reinstating dormant licenses. Bach applicant paid his own license fee.

Morris had no formal written or oral agreement with any of his salesmen, except as to the amount of commissions…