AUGUSTUS N. HAND, Circuit Judge.
On December 28, 1928, the board of directors of the Brooklyn Radio Corporation adopted the following resolution:
"Resolved: That Mr. Benjamin Ginsberg, the President of this corporation receive a salary for the year 1929 the sum of Twelve Thousand ($12,000.00), payable $1,000.00 per month, plus 2% of the net sales for the year 1929, with the understanding however, that such 2% of the net sales be not paid to him as long as...
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