Breslauer

This action is brought by the plaintiff to recover of the defendant the sum of $375, balance alleged to be due on account of salary from February 28, 1914, to May 1, 1915.

Plaintiff has judgment for the amount claimed and the defendant appeals therefrom.

The complaint alleges that between the above dates plaintiff rendered services for defendant at its instance and request, each and every month, in the capacity of chief accountant and clerk.

That for said services defendant promised to pay him at the rate of $175 per month, which salary for said time amounted to $2,625.

That defendant had only paid him of said amount the sum of $2,250, leaving a balance due him of $375, which had not been paid and for which judgment is asked.

The answer denied that plaintiff’s salary was fixed by agreement at $175 per month, but alleged it was fixed at $150 per month, and alleges that during said period of employment “the plaintiff received and accepted from defendant in payment of said salary the sum of $150.00 for each and every month of said time, amounting for said period to the total sum of $2,250.00, and alleges that said salary has been fully paid and satisfied.”

The findings of .the…