Kibele

Kibele v. Bomke

Good Law
104 Cal. App. 328·1930 Cal. App. LEXIS 1028·285 P. 907
Court of Appeal of CaliforniaMarch 4, 1930Docket No. 223.California955 words

Opinion

lead Opinion

Barnard, J.

This is an action for wages, claimed to be due the plaintiff. While the complaint sets up four causes of action, this appeal is taken with reference to the first cause alone and the judgment rendered thereon.

The complaint in the first cause of action alleges that within two years last past the defendants became indebted to the plaintiff, for labor performed in connection with drilling certain oil-wells in the county of Kern, in the sum of $1312. It further alleges that the plaintiff was employed by the defendants at $12 per day, and that the defendants agreed to pay for this work the sum of $1312. The answer denied each of the allegations of the complaint. -The court dismissed the action as to one defendant and gave judgment against the defendants Bomke and Roumain. Defend ant Roumain alone has appealed, basing his appeal entirely on the contention that the evidence is not sufficient to support the findings of the trial court, to the effect that said defendant' became indebted to the plaintiff, that said defendant had agreed to pay for this work, and that said amount was due to the plaintiff from said defendant.

Appellant admits that he and the other defendants employed the…

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