Opinion
No appearance for plaintiff in error.
Kraeger, Sublett & Dowis, Graydon F. Dowis, Jr., Sterling, for defendant in error.
DWYER, Judge.
This case was originally filed in the Supreme Court of the State of Colorado, and was subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
There was no appearance for plaintiff in error at the oral argument of this case. Mowever, briefs had been filed on behalf of plaintiff in error and we have determined this case on the basis of the written briefs.
William Ray Knott filed this action against his employer, Robert L. Tiedgen, to recover salary and commissions allegedly due and unpaid. Prior to the trial, Mr. Knott died and Betty Jean Knott, administratrix of his estate, was substituted as plaintiff.
The issue presented by the pleadings was the compensation to be paid Knott under his contract of employment. The trial court, sitting without a jury, entered judgment in favor of Knott on the basis of the following findings of fact:
'3. That William Ray Knott was employed by the Defendant for the period January 1st to June 15, 1963 on an oral contract of employment, on a commission basis of 30% Of the gross profit of units sold.
'4. That during the period from June 15th to October 11, 1963, William Ray Knott was employed by the Defendant on a base salary of $650.00 per month plus a commission of 2% On the cash difference on new units and a 4% Commission on the cash difference on used units, which employment contract was an oral agreement.'
Tiedgen contends here that the findings are unsupported by the evidence. A careful examination and consideration of the documentary evidence and of the testimony leads us to conclude that there is sufficient competent evidence in the record to support the court's findings and judgment.
The judgment is affirmed.
COYTE and DUFFORD, JJ., concur.