Hanson

Plaintiff employee, seeking commissions allegedly earned by him, had judgment for $4,314.99. Defendant employer appeals.

Defendant, a hardware dealer, employed eight estimator-salesmen, including plaintiff. Each was to secure plans for building construction, perpare lists of the hardware required, and submit defendant’s bid therefor. If the bid were accepted, the estimator-salesman was to supervise timely delivery to the job, and to resolve disputes with the builder-buyer. Until June 1, 1956, each such employee was paid a *411 salary. The eight desired to change to a commission basis. In May 1956, defendant employer issued a letter to them proposing such compensation, and the new terms became effective June 1,1956.

So far as here relevant, the letter provided that each estimator-salesman should receive commission upon jobs handled by him, should be charged with rent and telephone calls, and specified “No commission paid until store has been paid in full.”

Plaintiff resigned July 31, 1957. He claims that the employer’s accounting fails to credit him with commissions upon several jobs fully performed by him and, separately, that he is entitled to recovery in quantum meruit on…