Shanklin

Plaintiff was given judgment against defendants Scribner and Diamond Ridge Water Company and such defendants have appealed.

The third amended complaint, on which the action was tried, alleges that in August, 1911, defendants Scribner, Bills, and Patton ‘1 owned and were copartners in the Cosumnes water rights and Diamond Ridge Water Ditches in El Dorado County, California, which said water rights and ditches furnished water for irrigation and mining purposes”; that the Diamond Ridge Water Company was incorporated March 5, 1916, and in that month acquired the property described, and has thereafter operated and controlled the same; that in August, 1911, Scribner, Bills, and Patton employed plaintiff as an office employee and that plaintiff performed services as such from September 1, 1911, to the time when the corporation defendant took over the properties and that at that time the corporation assumed and promised to pay plaintiff the balance due for his services under such employment by the individual defendants and has since paid him all, or nearly all, thereof; that at that time the corporation employed plaintiff in the same capacity and that plaintiff continued in such…