Shaw v. Home Life Insurance

Headnote

Plaintiff engaged with defendant as soliciting agent, under a contract by which he was to receive during the time he acted as such agent five per cent commission upon the amount of annual premiums due and payable in each year after the first year of their continuance, upon all policies solicited and secured by him, and in case of his death while so acting as agent, defendant agreed to pay to his wife, if she survived him, the commissions accruing thereafter to which he would have been entitled if he had lived and continued to act. The contract contained a provision that either party might cancel it after giving three months notice of such intent, and if defendant' should cancel it,' it should continue to pay plaintiff or his wjfe the commissions as aforesaid, provided he should perform the necessary service in procuring payment of the premium. After two years the agreement was rescinded by mutual consent and the agency terminated. Plaintiff claimed to recover his commissions upon premiums thereafter received upon policies solicited and secured by him. Held, that by the terms of the contract a commission upon the premiums accruing upon the policies secured by plaintiff during each year of the continuance of the agency was a full compensation for the year’s service, save where defendant canceled the contract as provided, and plaintiff having voluntarily surrendered the right to perfora future services and to receive the compensation

therefor, had no right to greater compensation for past services and could not recover*.