Colpe

This is an action by the plaintiff to recover from the defendant, a mining corporation, the sum of $1,995.19 for services rendered as superintendent of defendant's mines in Tuolumne county, at the rate of $200 for salary and $50 expenses per month. Plaintiff recovered judgment for the amount, defendant moved for a new trial, which was denied, and the appeal is from the order denying the motion for a new trial and from the judgment. The following is the by-law of defendant relating to officers and compensation: "The officers shall be a president, vice-president, secretary, general manager, and superintendent and treasurer; which officers shall be elected by and hold office at the pleasure of the board of directors. The compensation and tenure of office of all the officers of the corporation (other *Page 395 than directors) shall be fixed and determined by the board of directors." L. B. Doe was a director and general manager of said corporation, and received a salary of $100 per month. The minutes of the board of directors show his election and that his salary was fixed at $100 a month. The minutes of August 12, 1901, show that James B. Hamilton was elected superintendent, and his…

This is a petition for rehearing, and petitioner cites Kelly v. Ning Yung Ben. Assn. post. p. 460, 84 P. 321 . Upon carefully considering the petition and the points referred to in said case, we find the case cited not applicable. The rehearing is denied. Chipman, P. J., and McLaughlin, J., concurred. *Page 400