Maurice

This action was brought to recover the sum of $347.46 claimed to be due plaintiff from defendant for services rendered, including a certain sum due as interest upon an account stated. Judgment went for defendant and plaintiff appeals.

It appears from the evidence that plaintiff was employed by defendant to determine the factory cost of certain products manufactured by her in the candy business. The alleged claim grew out of services performed by plaintiff on Sundays, which services plaintiff testified were outside of his regular employment and for which plaintiff’s manager had promised him he would be paid. The services covered a period of some two years, during which time plaintiff had received and accepted a salary check of $46.03 each and every week he was employed by defendant, attached to which was a slip stating that the amount of the check was for salary for the particular week for which it was given. These checks, 118 in number, were received by the plaintiff during the course of his employment without any objection as to the sufficiency or correctness of the amount. Upon the severance of their relation of employment plaintiff for the first time demanded payment for…