Semas

The controlling question in this case, as we view it, is whether the trial court correctly interpreted the meaning of the language italicized in paragraph 6 of the contract (set forth below) entered into by and between Sernas on the one side and Bogdanich Construction Company and Bogdanich Building Company on the other.

The trial court found that Sernas, through weekly advances, had been overpaid the sum of $13,338.70 in excess of his one-third share of the net profits of Construction Company, but, by reason of the language italicized in paragraph 6, he was required to repay only one-fifth thereof. The paragraph reads as follows: “6. Construction shall pay to Sernas $250 at the end of each week of his employment, such payments to be on account of the compensation herein provided, and in the event such compensation shall be less than such weekly payments, reimbursement of the deficiency shall be required to be returned to Construction by Semas, and officers of Construction drawing salaries, to reimburse in equal amounts. All money paid by Construction to Sernas as salary from November 2, 1953, to date, shall be applied to the credit of Construction under the terms hereof.”

The…