Kinkade

This is an appeal from a judgment in plaintiff’s favor and also from an order of the court denying the defendant’s motion to tax costs by disallowing certain items charged by the plaintiff in his cost bill.

The complaint is in two counts, the first depending upon a written instrument alleged to have been made between the defendant and the plaintiff’s assignor, by the terms of which the latter was employed to engage in the sale of certain manufactured goods of the defendant at a salary of two hundred dollars per month from July 1, 1912, to January 1, 1913, and of $225 per month from January 1, 1913, to August 30, 1914. The plaintiff did not set forth the agreement in full, but only undertook to plead its substance. The second count of the complaint set forth a cause of action for money alleged to have been expended for the use and benefit of said defendant. A general and special demurrer was presented to the complaint, which was overruled by the trial court, and which ruling the appellant here assails as error.

Upon the several grounds of demurrer urged against the first count in the complaint, the appellant insists that the complaint is uncertain in failing to aver whether the…