Parr

This is an appeal from a judgment in plaintiff’s favor for the sum of $418.31 and costs of suit, in an action brought to recover said sum, alleged to be due as salary under a contract for the employment of plaintiff by the defendants for one year.

The defense presented by the defendants at the trial, ancB urged here as the principal ground for reversal -of the judgment, is that the plaintiff was discharged by defendants during the term of said contract; and that this being an action; for the salary due upon the contract of employment after such discharge, instead of an action for damages by reason of his. discharge, the plaintiff was not entitled to recover in this ease, but should be relegated to his remedy in the appropriate form. ' of action.

The facts constituting and surrounding the alleged discharge of the plaintiff and his admitted employment are substantially these: The defendants are a firm of New Xork merchants selling goods in California through orders taken by traveling-agents, of which the plaintiff became one under a written contract of employment for a year, dated March 22,1909. Not long after his engagement the plaintiff began receiving letters from the…