In re the Arbitration between Linne & Stuyvesant Construction Corp.

The record discloses that the written contract was extended and continued in force until a new salary arrangement was made in May, 1941. There was no proof to show any cancelation or release óf petitioner’s right to profits, if any, earned up to that date. Therefore, petitioner was entitled to arbitration for the purpose of ascertaining his share of the profits, if any, from July 25, 1940, to May, 1941. The judgment appealed from should be modified accordingly.