Cousin

Plaintiff had judgment for the sum of $475 upon a complaint, the charging part of which is in the following words:

“That plaintiff rendered services to defendants at their request as keeper and manager of the property commonly known as the ‘Brown Mansion,’ located in the County of Lake, State of California, from November 1, 1923, to June 13, 1924.

“That said services were reasonably worth Five Hundred and Twenty-five dollars, ($525.00).”

From this judgment the defendants appeal.

The answer of the defendants denied the allegations of the complaint and alleged that during a portion of the year 1923, the plaintiff was employed as a cook at a salary or wage of $150 per month and that all of said salary or wages had been paid. The grounds relied on upon this ap- . peal are that there is no evidence to support the finding that the plaintiff rendered services as alleged in the complaint and also that there is a fatal variance between the allegations of the complaint and the testimony introduced at the trial. The testimony of the plaintiff was to the effect that he was for a short period of time during the summer employed as a cook for a salary of $150 per month; that at the close of…