Anderson

Plaintiff sued to recover for services alleged to have been performed by him for defendant and for the amount of a claim of one Ole Orr against defendant which had been assigned to plaintiff. The court found against plaintiff and gave defendant judgment for costs. This appeal is from the judgment.

July 28, 1920, the defendant employed P. S. Dainard to act as superintendent of its sawmill at Standard, Tuolumne County, the contract of employment being in the form of a letter, signed by D. IT. Steinmetz, defendant’s general manager, containing the following:

Dainard entered upon the discharge of his duties as such superintendent about the 1st of September, 1920.

For many years prior to his employment by defendant, Dainard had occupied similar positions in various eastern and Canadian sawmills and had a wide acquaintance with men working therein. The defendant desired to secure the services of some of these men and, on July 28, 1920, Steinmetz gave Dainard, who was about to go to Minnesota to bring his family thence to Standard, written authorization to employ men as follows:

Dainard testified that Steinmetz orally authorized him to employ men and said: “You know what you need as…