C0@MMISSlONS, contracts, practice. An allowance of compensation to an agent,
factor, executor, trustee or other person who manages the affairs of others,
for his services in performing the same.
2. The right of agents, factors or other contractors to commissions,
may either be the subject of a special contract, or rest upon the quantum
meruit. 9 C. & P. 559; 38 E. C. L. R. 227; 3 Smith's R. 440; 7 C. & P. 584;
32 E. C. L. R. 641; Sugd. Vend. Index, tit. Auctioneer
3. This compensation is usually the allowance of a certain, per @centage
upon the actual amount or value of the business done. When there is a usage
of trade at the particular place, or in the particular business in which the
agent is engaged, the amount of commissions allowed to auctioneers, brokers
and factors, is regulated by such usage. 3 Chit. Com. Law, 221; Smith on
Mere. Law, 54; Story, Ag. Sec. 326; 3 Camp. R. 412; 4 Camp. R. 96; 2 Stark.
225, 294.
4. The commission of an agent is either ordinary or del credere. (q.v.)
The latter is an increase of the ordinary commission, in consideration
of the responsibility which the agent undertakes, by making himself
answerable for the solvency of those with whom he contracts. Liverm. Agency,
3, et seq.; Paley, Agency, 88, et seq.
5. In Pennsylvania, the amount missions allowed to executors and
trustees is generally fixed at five per centum on the sum received and paid
out, but this is varied according to circumstances. 1 9 S. & R. 209, 223; 4
Whart. 98; 1 Serg. & Rawle, 241. In England, no commissions are allowed to
executors or trustees. 1 Vern. R. 316, n. and the cases there: cited. 4 Ves.
72, n.