Cheney

Appeal from an order granting a new trial.

Plaintiff presented a properly verified claim against the estate of Charles H. Bush, deceased-, of which defendant is administrator, itemized and stated as follows:

This claim was rejected by defendant, and action commenced thereon by plaintiff within the statutory time. The complaint states the cause of action in two counts, one of which declares on an express promise to pay by the deceased, and the other upon the reasonable value of the services rendered.

The evidence introduced by plaintiff to establish the character of her employment, and amount and manner in which she was to be paid for her services, consisted of the testimony of her daughter to an oral agreement between plaintiff and the deceased. This testimony, so far as material to the question here being considered, was: “He [Bush] asked her (plaintiff) to come to work at a salary of twenty dollars a week.” “She was to come there as clerk to sell jewelry and attend to his store. She also collected rents and attended him when he was sick.” “Mr. Bush said my mother was to draw'seven dollars a week and leave the thirteen dollars a week remaining with him that she might furnish a…