COMMISSIONS. In Practice. Com pensation allowed to agents, factors, execu tors, trustees, receivers, and other persons who manage the affairs of others, in recom pense for their services.
2. The right to such allowance may either be the subject of a special contract, may rest upon an implied contract to pay quantum meruit, or may depend upon statutory provi sions. 7 Carr. & P. 584; 9 id. 559; 3 Smith, 440 ; Sugden, Vend. & P. Index, tit. Auctioneer. See the statutes of the various states. The right does not generally accrue till the completion of the services, 1 Carr. & P. 384; 4 id. 289; 7 Bingh. 99; and see 10 Barnew. & C. 438; does not then exist unless proper care, skill, and perfect fidelity have been employed, 3 Campb. 451 ; 1 Stark. 113; 3 Taunt. 32; 9 Bingh. 287 ; 12 Pick. Mass. 328; and the ser vices must not have been illegal nor against public policy. 1 Campb. 547 ; 4 Esp. 179; 5 Taunt. 521; 3 Barnew. & C. 639; 11 Wheat. 258.
3. The amount of such commissions is generally a percentage on the sums paid out or received. 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 i s regulated by such usage. 3 Chitty, Comm. Law, 221; 1 Parsons, Contr. 84, 85 ; Story, Ag. 326. The amount which ex ecutors, etc. are to receive is generally fixed by statute, subject to modification in special cases by the proper tribunal. 12 Barb. N.Y. 671; Edwards, Receiv. 176, 302, 643. And see the statutes of the various states. In England, no commissions are allowed to executors or trustees. 1 Vern. Ch. 316; 4 Ves. Ch. 72, o.
In case the factor guaranties the payment of the debt, he is entitled to a larger compen sation (called a del credere commission) is ordinarily given for the transaction of simi lar business where no such guaranty is made. Paley, Ag. 88 et seq.