Fuqua

Fuqua v. Thomas

Good Law
1929 Cal. App. LEXIS 861·96 Cal. App. 304·273 P. 1091
Court of Appeal of CaliforniaJanuary 15, 1929Docket No. 5443.California353 words

Opinion

Lead Opinion

Houser, J.

Plaintiff was employed by defendant as a camera-man at a salary of $150 per week. The controversy arose from a difference of opinion between plaintiff and defendant as to the length of time covered by the employ ment. Plaintiff and Ms witnesses testified to a definite period. Defendant denied such certainty of time with reference to the employment and, although no custom was specially pleaded by defendant, on the trial he endeavored to establish a custom 'to the effect that employment of the nature of that rendered by plaintiff was limited to time actually consumed in photographing the picture being produced. Appellant complains that the trial court restricted defendant in the evidence relating to custom; but as the findings of fact made by the trial court (which were supported by the evidence) were to the effect that by agreement of the parties the employment commenced and ended, respectively, at a date certain, the question of whether custom prevailed in the premises became immaterial. It follows that no error was committed by the trial court in refusing to admit certain evidence offered by defendant with relation to such claimed custom. Moreover, as against appellant’s…

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