Spindler v. the Wittemann Company

The plaintiff commenced an action against the defendant to recover commissions alleged to have been earned while acting as a salesman. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of, and ordered judgment for, the plaintiff. From that judgment the defendant has appealed.

Before taking up the points made by the appellant it should be noted that this is the second appeal. (See Spindler v. Wittemann Co., 54 Cal. App. 207 [201 Pac. 604].) An examination of the decision in that ease discloses that the record as made on…