Harris & Spear, Inc. v. Concordia Fire Ins.

This is an appeal from a judgment for defendant in an action at law upon a written contract of agency for the recovery of contingent commissions as specified in the contract. The only evidence offered was documentary. The case was submitted upon such evidence, stipulation of facts by counsel, and admissions by the pleadings. The court granted defendant’s motion to find for defendant and against plaintiff. Upon findings of fact and conclusions of law judgment was entered for defendant.

The court found that on October 21, 1922, appellee and appellant’s predecessors in interest entered into a written contract, a copy of which was made a part of plaintiff’s complaint, by the terms of which the latter were appointed “General Agents” or “Managers” for appellee for the state of California, the contract to take effect and be in force on and after January 1, 1923. By the terms of the contract the said genera] agents or managers were allowed “a flat commission of thirty-five per cent of the net premiums written,” and, in addition thereto, “a contingent commission of fifteen (15) per cent of the net profits of the business under their charge, said profits to be computed as of the 31st day…