Wittmann

This is an appeal from a judgment in favor of respondent entered upon the verdict of the jury awarding $2,000 damages against appellant, in an action to recover $23,080.

Appellant urges as grounds for a reversal of the judgment: 1. The verdict is contrary to the evidence and there is a variance between the pleadings and the proof (a) The evidence of plaintiff does not establish any definite or valid contract on which he might sue; (b) The evidence and the special verdict of the jury show that the plaintiff was employed by the corporation and not by Whittingham individually. and that the corporation and not Whittingham discharged him; (e) There is no evidence of any legal damage sustained by plaintiff; 2. The court erred in the admission of evidence; 3‘. The court erred in its instructions; (a) Instructions were given at the request of plaintiff which were erroneous; (b) The court improperly modified instructions requested by defendant; (c) The instructions as a whole were confusing, and in some particulars failed to enlighten the jury on some issues.

As disclosed by the evidence, in 1919, appellant gave respondent employment as a bookkeeper, at the same time respondent had other…