Kenison

This is -an appeal, taken by defendant within sixty days from the entry of a judgment against defendant and in favor of plaintiff, for the sum of three hundred and twenty-five dollars and legal interest thereon from the filing of the complaint to the entry of judgment.

The complaint is in three counts. The first count states a cause of action for a balance of $290.25 unpaid, for services rendered defendant by plaintiff at defendant’s request, as clerk, salesman, and laborer at the agreed compensation - of $2.50 per day.

In the second count plaintiff sues upon a check for the sum of $424.85, drawn upon the First National Bank of San Francisco, payable to plaintiff or order, signed and delivered by defendant to plaintiff.

The third count sets up a claim for compensation for services rendered by the wife of plaintiff to defendant, but as the court found that such services were rendered gratuitously and allowed plaintiff nothing therefor, it is eliminated from the case.

Appellant demurred generally and specifically to each of the counts, and now urges that the court erred in overruling said demurrer.

There can be no question but that the first count alleges a good cause of action…