Looney

Action by plaintiffs for services performed in the drying of apples belonging to the defendant under an oral agreement. Plaintiffs had judgment and the defendant appeals.

It appears from the transcript that defendant is the owner of an apple. orchard situated in the county of Mendocino, state of California; that during the year 1922 he entered into an oral agreement with the plaintiffs for the drying of the apple crop then growing and being upon the orchard belonging to the defendant. The complaint in the action contains the following allegations: “1. That within two years .last past defendant employed plaintiffs to dry his 1922 crop of apples at the agreed price of $50.00 per ton, and that said defendant agreed to pay said plaintiffs for said services when the last of said apple crop was shipped to market. ... 2. That in accordance with said agreement, plaintiffs entered the employ of said defendant, and dried 33,287 pounds of apples at an agreed compensation of the sum of $832.15. That the said apples were all shipped to market on or before January 11, 1923, that the said defendant has not paid the plaintiffs the sum of $832.15, ’ ’ etc. The plaintiffs had judgment for the…