Fish Clearing House, Inc. v. Melchor, Armstrong, Dessau Co.

Blake, J.—The

plaintiff brought this action to recover commissions as a fish broker on account of packs of • mild-cured salmon purchased by defendant in the seasons of 1930 and 1931 from Niehiro Gyogyo Kaisha, Ltd. The plaintiff’s cause of action rests on an oral contract entered into about June 1, 1928, by which, it is alleged, defendant agreed to pay plaintiff a commission of one cent a pound on all mild-cured salmon which defendant might thereafter purchase from the Nichiro company. From a judgment entered on findings favorable to plaintiff, defendant appeals.

For many years, respondent has…