Kimball v. Brawner

The defendant contracted in writing to pay the plaintiff 44 twenty per cent, upon all original or first years’ premiums *-* collected and paid in by him (the plaintiff) upon policies issued upon applications taken ” by the plaintiff. This suit is brought upon the contract to recover a balance claimed to be due under the above-recited stipulation.

According to the obvious reading of this stipulation it is clear that it secured commissions to the plaintiff alone upon moneys actually collected and paid in by him. His right to the commission is made dependent upon an actual collection and payment.…