Patterson

The plaintiff is prosecuting an appeal from a judgment of the Superior Court of Los Angeles County, reversing a judgment of the Municipal Court of Los Angeles city, and ordering a new trial therein and directing that appellant recover costs of appeal. This was based upon the superior court’s conclusion that the plaintiff was entitled to the sum of $31.79 only, which was the difference between the sum of $415.15, the amount owing to plaintiff by defendant for personal services, and the sum of $383.36, the amount owing to defendant by plaintiff on account of merchandise purchased prior to the rendition of the personal services.

The whole dispute between the parties was whether or not the sum of $321, the amount due, owing and unpaid from defendant to plaintiff for the latter’s personal services, rendered within thirty days preceding the date of termination of plaintiff’s employment, was subject to exemption from the set-off or counterclaim urged by defendant for merchandise furnished previous to the plaintiff’s employment; the plaintiff having alleged that said sum of $321 was and is necessary for the use of his family residing in this state, supported in whole by his labor.…