Soran

The plaintiff brought this action to recover a balance claimed to be due to him on mutual account for salary, commissions, and expenses arising out of the employment of the plaintiff by the defendant, whose business was that of a detective. The plaintiff recovered judgment, and the defendant appeals therefrom. The sole ground of appeal is that the evidence is insufficient to sustain the findings in this, that certain items were improperly allowed to the plaintiff.

The amount of the judgment is $431.96. Appellant concedes that the items constituting this amount are sustained by the evidence to the extent of $173.66. This leaves a disputed balance of $258.30.

The first disputed item is the sum of $125 paid by the plaintiff to one Fuentez out of a certain sum of $250 which plaintiff received from Mrs. D’Aleria in the course of certain business transacted by defendant for Mrs. D’Aleria. Plaintiff was in charge of the D’Aleria case at San Diego, and Fuentez was another employee of defendant who had been sent to San Diego to assist the plaintiff. Appellant, in his testimony, admitted that he told the plaintiff that if Fuentez got the $125, it should be charged to appellant. Respondent…