It appears that in a few instances prior thereto plaintiff may not have been paid these increases. Secondly, on those accounts on which plaintiff was entitled to be paid, the termination of his employment did not affect his right to commissions on orders already received, but not filled until afterwards. Rollins v. Bazirgan, 1925, 252 Mass. 279, 147 N.E. 821; Globe Paper Co. v. Russell Box Co., 1935, 291 Mass. 1, 10, 195 N.E. 710. With respect to Long Island Shower Door Co., which at one time made a substantial advance deposit against subsequent orders, plaintiff was entitled to commissions on any orders received before termination of his employment.

I find that the contract did not require plaintiff to "service" these customers and that this contract was terminable at will. Substantially similar contracts have been held valid in Emerson v. Ackerman, 233 Mass. 249, 124 N.E. 17, and Globe Paper Co., Inc. v. Russell Box Co., 291 Mass. 1, 9, 195 N.E. 710. In evaluating the conflicting testimony in this case as the trier of fact, I must consider, inter alia, the extent to which witnesses are either corroborated or contradicted by documentary evidence and their demeanor on the witness stand, and draw reasonable inferences therefrom.

Shuman relies on the principle that termination of a contract cannot cut off an accrued right that is not dependent upon any continuing performance. See Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1. We do not pause to determine whether the contract language is ambiguous so that construction is required.

This offer, being indefinite as to time, was revocable at the will of the offeror. Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1, 10. We think that the letter of January 14 must be deemed to have been an adequate revocation of the plaintiff's authority to act as selling agent for McKinley Corporation.

Elliott v. Kazajian, 255 Mass. 459, 461, 462. Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1, 9. Maher v. Haycock, 301 Mass. 594, 596. Cramer v. Wood, 302 Mass. 161, 164.

The agreement between the parties must be construed as one that was terminable at will by either party upon reasonable notice. Emerson v. Ackerman, 233 Mass. 249, 252. Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1, 10. The case at bar is distinguishable from such cases as Kirkley v. F.H. Roberts Co. 268 Mass. 246, 252, and cases cited. See Pisco-Pausata v. Oliver Ditson Co. 276 Mass. 377, 380; Hayden v. Beane, 293 Mass. 347, 351.

We think that there is no such inflexible rule of law in this Commonwealth. The present case is governed in principle by such cases as Paul v. Chickering, 117 Mass. 265, Sargent v. Pray, 117 Mass. 267, Richardson v. Gordon, 188 Mass. 279, Brand v. Sterling Motor Car Co. 243 Mass. 303, Welch v. Gordon, 284 Mass. 485, Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1, Shea v. Aetna Life Ins. Co. 292 Mass. 575. In the Paul, Sargent, Richardson and Welch cases, where a lessee had covenanted to pay all taxes assessed against the leased premises during the term, and the lessor or the lessee subsequently exercised a right reserved in the lease to terminate the leasehold, it was held that the lessee was liable to the lessor for taxes assessed before the termination of the lease, though not for those assessed thereafter.

The plaintiff might, therefore, have been found entitled to receive not only the weekly payments, all of which were paid, but also one half of the commission which became due and payable upon the successful completion of the negotiations between the testator and the firm. Train v. Gold, 5 Pick. 380. Wellington v. Apthorp, 145 Mass. 69. First National Bank v. Watkins, 154 Mass. 385. Brand v. Sterling Motor Car Co. 243 Mass. 303. Des Rivieres v. Sullivan, 247 Mass. 443. Moody v. Weymouth, 276 Mass. 282. Globe Paper Co. Inc. v. Russell Box Co. 291 Mass. 1. Although the plaintiff testified on cross-examination that at no time was his contract with the testator modified, yet he had fully testified to the arrangement that was made in reference to the firm, and the jury could consider his entire testimony and determine for themselves the exact nature of the contract existing between the parties.