Vaile

The complaint herein contains two counts. The first states a cause of action for disbursement of money made by plaintiff for and on behalf of defendant at its special instance and request. In the second count plaintiff sues for a balance alleged to be due him from defendant under the terms of a written contract of employment at a salary of $125 per month. The court, in effect, found that the sum of one hundred dollars was due to plaintiff upon the first count, and $574.58 'due upon the second count, making a total of $674.58, upon which defendant was entitled to a credit of $350, as the value of a lot, title to which defendant caused to be conveyed to plaintiff; upon which finding the court gave judgment against defendant for $324.58, from which it appeals.

The finding as to the amount due upon the first count is not questioned by appellant.

The term of employment, as alleged in the complaint, was from August 1, 1913, to September 1, 1916, making thirty-seven months, which, at the salary specified in the contract of $125 per month, amounts to $4,625; notwithstanding which fact the court found the total sum earned during the thirty-seven months to have been $4,775, upon which it…