Nuckolls

This is an action for damages alleged to have been suffered by plaintiff by reason of his discharge from defendant’s employ. Plaintiff, who is a dentist, was employed by defendant as a demonstrator of operative dentistry for one year, beginning July 1, 1902, at a salary of $50 per month. Under the terms of the contract he was to give his entire time every afternoon from 1 to 5 o’clock (except Sundays) to the service of the defendant. October 4, 1902, plaintiff was discharged. During the remaining nine months of the term of the employment, both in the forenoon and the afternoon, the plaintiff practiced his profession of dentistry. October 21, 1903, he brought this action for $450, alleging that he had been wrongfully discharged. Defendant answered, averring that plaintiff had been dismissed for sufficient cause, and as a separate defense pleaded that he had suffered no damage thereby.

The cause was tried by the court, sitting without a jury, and a judgment was entered in favor of plaintiff. Prom the judgment and the order denying a motion for a new trial defendant prosecutes this appeal.

As a part of his case, and after testifying as to his employment, respondent was asked: “Dr.…