Davis

In an action for salary alleged to have been earned by the plaintiff in the defendant’s employment, judgment was rendered in his favor, and this is an appeal therefrom.

It appears that the respondent, while in the service of one Fanny Briggs Carr, assisted in the incorporation of her business, and became one of its three directors, and thereafter until March 1, 1926, performed the duties of general manager, secretary and treasurer and bookkeeper. He- testified that up until December 31, 1925, he was employed at an agreed salary of $300 per month, and that thereafter his compensation was $200 per month, which he personally entered upon the books, but that he received only portions of his earnings, as needed, leaving at the time suit was filed an aggregate unpaid balance which the trial court found to be the sum of $1334.60.

The minutes of directors’ meetings are silent as to respondent’s employment, and the appellant assigns this fact as a ground for the claim that evidence thereof was inadmissible and that it was error upon the part of the trial court to'find that a legal contract of such employment existed for which compensation could be allowed. It is incidentally asserted…