Schmitt v. Northern Counties Land & Cattle Co.

DOOLING, J.,

pro

tem.

In this action plaintiff and re spondent Schmitt sued to recover commissions aggregating $2,608.50 for the purchase of cattle at fifty cents per head. He joined as defendants Northern Counties Land & Cattle Co. and William Clark Crittenden, Inc., both corporations, which are the appellants herein, and William Clark Crittenden and Richard Meyer, individuals. At the close of plaintiff’s case a nonsuit was granted as to William Clark Crittenden and plaintiff voluntarily dismissed Meyer. The jury brought in a verdict against the two appellants jointly for $2,636.50. The appeal is from the judgment entered pursuant to this verdict.

The evidence showed without contradiction that Richard Meyer was employed under contract by appellant Northern Counties Land & Cattle Co. as ranch foreman and that he also performed services at various times when called upon by appellant William Clark Crittenden, Inc., and other

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corporations owned and controlled by William Clark Crittenden. The cattle here in question were purchased by Meyer through arrangements with respondent Schmitt, and were delivered partly to one appellant and partly to the other. It is not disputed that Meyer agreed to pay Schmitt fifty cents per head for his services nor is it questioned that Meyer had authority to bind either appellant by such agreement.

It was claimed by appellants on the trial that respondent could not recover these commissions because of a secret agreement with Meyer to split the commissions with him. This issue was presented to the jury under instructions offered by appellants and given by the court and the jury must have found that no such agreement existed. If there is any competent evidence to support this finding the question is not open to appellants here. Appellants introduced in evidence a letter from Schmitt to Meyer written some time before the transactions here in question, which read in part: “So I have this offer to make on the stock I help get for you I will expect you to pay me a $1.00 . . . and I would want you to know that you get the cattle cheap enough so you could well afford to pay the commission on your own cattle but I always would try to make the other fellow pay ½ of the commission after I get him cut down if I could.