Duckworth

Duckworth v. Schumacher

Good Law
135 Cal. App. 661·1933 Cal. App. LEXIS 460·27 P.2d 919
Court of Appeal of CaliforniaDecember 8, 1933Docket No. 1424.California1,837 words

Opinion

Lead Opinion

Warmer, J.

Plaintiff brought this action to recover $1168 for services performed under an oral contract. According to the complaint, the plaintiff was to assist and aid the defendant in laying out for subdivision and subdividing for sale certain lands of the defendant and to act as defendant’s general sales manager in charge of the advertising of said subdivision, and devising ways and means of promoting the sale of said tract and superintending the sale thereof at a stated salary per week until the employment should be terminated, and alleging certain payments made thereon. The defendant’s answer denied the allegations of the complaint except the receipt by plaintiff of certain sums of money alleged as payments by the defendant, and as a separate defense pleaded a contract alleging the employment of the plaintiff by the defendant as a sales manager for the purpose of offering for sale and making sales of certain real property; that said agreement herein referred to by said defendant was oral and as a separate defense that the cause of action is barred by the provisions of section 1624 of the Civil Code and by cross-complaint sought to recover a judgment for certain sums of money advanced to…

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