Spadoni

This is an appeal by plaintiff from a judgment in favor of the defendant and from an order denying his motion for a new trial.

In the month of September, 1909, the plaintiff was the owner of real and personal property in the county of Monterey ; and while he was absent serving a term of imprisonment at San Quentin, the defendant, acting under a power of attorney, looked after and managed his property until his discharge in the month of March, 1912. Subsequently the defendant rendered to the plaintiff a statement of his receipts and disbursements as manager of said property, but plaintiff, being dissatisfied with such statement, commenced this action for an accounting. The defendant, in addition to his answer putting in issue all of the allegations of the complaint, filed a cross-complaint, in which he claimed seven hundred and fifty dollars for his services in looking after the plaintiff’s property and family during the latter’s enforced absence.

Judgment went for defendant on his cross-complaint in the sum of $687.81, a balance arrived at after crediting him with the aforesaid item of seven hundred and fifty dollars.

As to this item we agree with the plaintiff that the…