Street

It was stipulated at the trial that all of the allegations of the complaint and all the affirmative allegations of appellant’s answer were true. The facts thus agreed upon are as follows: The Bushman Mining Company is a California corporation. Appellant, Elizabeth M. Hazzard, is the owner or reputed owner of a certain mining claim described in the complaint, and, on the seventh day of April, 1910, she entered into a certain agreement in writing with one Henry Adams by virtue of which he secured a working bond upon said premises with an option to purchase the same. On October 7, 1911, said Adams assigned said contract to the said Bushman Mining Company and thereafter said company was the owner of said bond and option. Thereafter said company authorized said Adams to work and develop said mining claim. On or about December 9, 1911, said Adams employed plaintiff J. W. Street to work in and about said claim as an engineer and agreed to pay him at the rate of $2.50 per day and board. That said plaintiff thereupon entered upon said work under said contract and continued till he had earned the sum of $116.25, of which only $10.80 was paid, leaving a balance due of $105.45 after déducting…