Lopes

Upon a trial by the court sitting without a jury plaintiff had judgment against defendant in the sum of $354.90. This amount was reduced to $342.49 upon motion for new trial and said motion was denied. Defendant appeals from the judgment.

The following statement found in appellant’s brief shows the general nature of the controversy: “Defendant is a dairyman operating near Gilroy, California, and employed plaintiff as a laborer at a wage of 40 cents per hour for a 10-hour day, or $4 per day and $24 per week. The date the employment started is in conflict, defendant contending it was on March 31, 1930, and plaintiff contending it was March 4, 1930, and the court found for the plaintiff.

The issues indicated above, together with other issues, were before the trial court for determination. There was a conflict in the testimony regarding the total amount of respondent’s earnings and the amount remaining unpaid. In his opening brief appellant challenged the trial court’s findings on both of these issues. In his reply brief appellant states that he “is not attacking the trial court’s findings as to the amount of the earnings of the respondent”, but he does contend that the evidence is…