Burns

Plaintiff sued defendant for the balance due for services rendered. Defendant admitted the performance of the services to the value sued for but offered a counterclaim for $250, money advanced to the use of plaintiff. Judgment was given for plaintiff on his complaint and against the counterclaim and defendant appeals.

The facts are that for some five or six years prior to April 5, 1919, plaintiff was employed by defendant in the capacity of salesman at a salary of $200 a month. Immediately prior to that date plaintiff learned of an opportunity to install an ice plant in China on property owned by the China Mongolia Export Company. He asked defendant’s permission to take the employment and, through the aid of defendant, was employed by P. E. Booth Company, the local agents of the China Company, to go to China and install the plant. By the terms of the employment plaintiff was to be paid $350 a month and expenses by the China Company. Before leaving for China plaintiff arranged with defendant to advance $250 a month to his wife, who remained here, the defendant to be reimbursed by the Booth Company for the China concern. Plaintiff was to draw the remainder of his salary and his…