Startzman

— Defendant appeals from an order denying it a new trial and also from an order denying its motion to set aside and vacate the judgment rendered and entered against it herein.

On the sixteenth day of January, 1926, the plaintiff brought this action to recover from the defendant the sum of $625, alleged to be the balance due him from the defendant “for work, labor and services performed and rendered for defendant by plaintiff, from October 1, 1925, to January 15, 1926, . . . for which work . . . defendant agreed to pay plaintiff the sum of $300.00 per month. ’ ’ On the fourth day of March, 1926, the defendant filed a demurrer to the complaint upon both general and special grounds, and, on March 15, 1926, the demurrer was overruled, and defendant allowed ten days within which to file an answer. On the twenty-eighth day of April, 1926, Messrs. Abbott and Cannon, attorneys for the defendant, filed an answer, specifically denying the allegations of the complaint, except that it admitted that of the sum of $1,050 which the complaint alleged was the original sum earned by plaintiff under the contract of employment, during the period of time stated in the complaint, the defendant paid…