Rosenow
Rosenow v. Wiener
Opinion
lead Opinion
Kerrigan, J.
is an appeal by defendant from the judgment and from the ordero denying his motion for a new trial. The action was to recover the reasonable value ■of services rendered to Mm by plaintiff as a bookkeeper and saleswoman.
The findings of the court are as follows:
Upon these findings the court rendered judgment for plaintiff in the sum of $300 and costs (there being an offset amounting to the balance of $22.50).
The appellant makes two points: (1) That Ms motion for a nonsuit should have been granted; and (2) that the evidence is insufficient to sustain the decision of the court.
The plaintiff testified that at the request of the defendant she performed services for him as clerk, bookkeeper and saleswoman in his store for some six months, and goes at some length into detail as to those services. She testified that there was no understanding between them as to the amount of her compensation, but that she had previously worked for the defendant in a similar capacity, and thought that he would pay her what was right; that she had during her employment spoken to the defendant about her pay, and had been put off by him because he was short of money, but that he promised to pay her…