George O. Richardson Machinery Co. v. Swartzel

*774The opinion of the court was delivered by

Johnston, C. J. :

By this action J. R. Swartzel seeks to recover from the George 0. Richardson Machinery Company the value of his services in the sale of a thrashing rig. He entered into a contract with the company by which he was to sell thrashing rigs at Caldwell and receive as compensation twenty per cent, of the selling-prices. On cash sales his commissions were to be paid out of the cash received, and on credit sales, where notes were to be taken, he was to be paid from the proceeds of the notes when each note should be paid in full. In the latter…