Homes v. James Buckley & Co.

This is a suit for tan accounting on a written contract of employment. The contract, which became effective December 1, 1915, is in the form of a. letter dated September 3,1915, addressed by the president of the defendant company to the plaintiff and accepted by him. It is couched in these words, viz.:

“ * * * I will pay you a salary of $125.00 per month plus 5 per cent, of the net profits for the year up to $8,500.00. Eor all net profits over and above $8,5QO.OO per annum 50 per cent, of the excess net profit.

“The net profits, of course, are determined by the auditor of the company, and are…