Sarter

Plaintiff, who is the county surveyor of Siskiyou County, brought the action to recover $1,222 for labor and services alleged to have been performed by him as such county surveyor. The case was tried by the court upon an agreed statement of facts. Judgment was rendered in favor of defendant for its costs, from which judgment plaintiff appeals.

From the agreed statement of facts, which the court adopted as its findings, the following appears: 1. That defendant is a county of the twenty-ninth class. 2. That plaintiff, at all times mentioned in the statement, was the duly elected, qualified, and acting county surveyor of Siskiyou County. 3. “That plaintiff as such county surveyor performed work and labor for defendant during the years 1915 and 1916 as follows”: Then follows an enumeration of certain dates in the months of August, September, October, and November, 1915, and March, April, May, June, July, August, and September, 1916, aggregating 184 days; that plaintiff presented a bill to the board of supervisors at the rate of ten dollars per day for said 184 days, which bill was duly allowed and paid, “but plaintiff refused to accept such payment as payment in full. 4. That…