Allen

The two above entitled actions were consolidated and tried together, and the appeals from the judgment rendered in the consolidated action come to this court upon one record.

The action against the corporation was brought by plaintiff to recover from the corporation defendant a stated amount for the salary of plaintiff as the secretary of said corporation, and another amount as salary of one Dick as bookkeeper for the corporation, whose claim was before suit brought assigned to plaintiff.

The action against Vandercook was predicated upon the same claims, and was brought against him upon his liability as a stockholder of said corporation.

In his complaint as originally filed plaintiff sued to recover of defendant upon an express contract for salary as secretary of said corporation from the first day of April, 1909, to the thirty-first day of January, 1910, at an agreed compensation of one hundred and fifty; dollars per month; and also salary from February 1, 1910, to May 25, 1910, at an agreed compensation of fifty dollars per month. There was no controversy about this latter part of the claim.

In his second count he sought to recover upon an express contract for the salary of…