Riedy

On December 11, 1918, Chester Bidwell died, leaving a considerable estate. In his will he made several devises and bequests, including one to his brother George M. Bidwell, the defendant in this action, which devise and bequest consisted in certain real estate and personal property known as the San Diego Feed Mills. Defendant was also appointed executor of the will. Immediately after the death of Chester Bidwell the feed mill was “closed down.” On the first day of the following February defendant entered into an oral contract with the plaintiffs Elizabeth Riedy, Charles Cook, and E. M. Tinney (who before the death of Chester Bidwell had been in his employ) to the effect that if they would manage and conduct the business of the feed mill, each of them for such services would respectively be paid a certain stipulated salary, and, in addition thereto and as further, compensation for such services, after deducting from the net profits of the business an amount equal to six per cent on the investment, to be paid to said Bidwell, the sum so remaining would be divided among said Riedy, Cook, and Tinney. Under such arrangement the feed mill was operated for a period of about thirteen…