Wescoatt

Plaintiff and appellant filed an action against defendant and respondent administrator after the rejection of his verified claim which read in part as follows:

Respondent administrator in his answer denied the allegations of said claim and also set up the defense that each of the four causes of action based upon the claim was barred by subdivision 1 of section 339 of the Code of Civil Procedure.

After a trial before the court without a jury the court found that the decedent Effie M. Meeker was not indebted to appellant, that appellant’s action was barred by subdivision 1 of section 339 of the Code of Civil Procedure and “that the plaintiff rendered services and performed labor for said decedent Effie M. Meeker, also known as Effie Meeker, continuously, from December, 1911, to about two years before the death of said decedent and intermittently thereafter to the date of her death, as aforesaid, except for periods of two (2) or three (3) weeks each year, up to the year 1938, and for periods of two (2) to four (4) months annually during the years 1938, 1939 and 1940, which said services and labor consisted of general farm and dairy work, the repairing and maintenance of…