Hocker

This is an appeal from a judgment against the plaintiff upon a claim for services rendered.

John Buckley owned a small unimproved tract of land at El Cerrito. During a term of four years prior to September 5, 1926, the plaintiff was periodically employed by him to perform labor on this property. He helped construct chicken-houses, cabins and a garage. He aided in building fences, laying sidewalks and planting trees. During a portion of this time the plaintiff roomed and boarded with the family of John Buckley. The amount of compensation for this service was not agreed upon. Nor was the value of the room and board stipulated. John Buckley died September 5, 1926. His estate was probated. The defendant was appointed and qualified as administratrix of his estate. April 18, 1927, the plaintiff presented his claim to the estate for services based upon the following items:

This claim was rejected. In addition to the foregoing facts the court found that the plaintiff’s claim for .services which were performed prior to September 5, 1924, is barred by the provisions of section 339 of the Code' of Civil Procedure ; that the services of the plaintiff which were performed within two years…