
    Harry E. Noening, Respondent, v. Bedford Mills, Inc., Appellant.
    
      Contract — commissions — action to recover commissions under written contract for services.
    
    
      Noening v. Bedford Mills, Inc., 208 App. Div. 803, affirmed.
    (Submitted December 19, 1924;
    decided January 21, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 21, 1924, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover commissions under a written contract by the terms of which defendant employed plaintiff “ as export manager ” and agreed to pay plaintiff “ for such services $3500.00 a year in equal semi-monthly payments, and in addition thereto, to pay you ½ of 1% (one-half of one per cent) on the net sales of the Export Department, during the continuance of this, contract. In addition to the salary of $3500 and ½ of 1% on the net sales of the Export Department, we agree to pay you 1½% (one and one-half per cent) on the net sales of the Export Department made to customers in New York City where no other commissions are paid, commissions due you to be paid between the first and fifteenth of the following month.” The contract was terminated by mutual consent before its expiration and the question at issue was whether plaintiff was entitled to commissions under the contract on all orders booked for export up to the time of his .leaving or was confined to commissions on goods sold and actually shipped before that time.
    
      Leon Lauterstein and Milton Winn for appellant.
    
      Samuel Hoffman and Edward Wise for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  