. The facts as found by the learned referee in his report, and which are clearly sustained by the evidence, are as follows: Between the 25th day of June, 1887, and 1st day of October, 1887, the plaintiff was employed by the defendants under a special contract in writing to canvass and sell books and publications of the defendants in the states of Indiana, Ohio, and Michigan, for which he should receive certain graduated compensations. The plaintiff performed his part of the agreement, and, under the contract, his commissions came to the sum of $835.36, upon which he was paid the sum of $550 by the defendant. Other items of increased compensation, growing out of verbal modifications of the written agreement, one of $39.20 and the other $25.20, do not seem to be disputed. With these added, the whole amount of unpaid compensation to the plaintiff is, and is so found by the referee to be, $399.70, for which judgment has been given, with interest from July 9, 1889. By reference to the written agreement, it is found that the plaintiff was engaged to sell the publications of the defendant to none but bona fide subscribers within the territory assigned, and to do all in his power to advance the interests of the defendants. He also engaged to take reliable orders, but “proof of the reliability of said orders shall be the readiness of the subscribers to receive the books and pay for them according to their respective orders.” The defendants engaged on their part as follows: “All orders for the above-named publications, taken in accordance with the provisions of this agreement, will be served, and all collections will be made, through O.
