Burns

Plaintiff's first cause of action is one for services rendered by her personally and the second cause of action is upon an assigned claim for services rendered by Jewel W. Burns, her husband. The only attack by this appeal is upon the judgment on the first cause of action, whereby respondent was awarded $732.30' with interest from the date of the termination of her services.

Appellant Renaker Company, a copartnership consisting of C. Taylor Renaker and his mother, was engaged in the undertaking business. While there is some conflict in the testimony, there is evidence sustaining the conclusion that one Leslie Renaker was employed by the copartnership and was in authority equal to that of C. Taylor Renaker, hiring and directing employees and participating in managing the business. It is not denied that respondent rendered services as a lady assistant, but appellants contend that there is no support for the court’s finding that appellants promised and agreed to pay her at the rate of $100 a month. We agree with this contention, for there is an entire absence of any testimony of either such a promise or agreement. That finding may, however, be disregarded, for the balance of the…