Mullenary

Action on account for services. Verdict and judgment for plaintiff, from which judgment, and a conditional order denying a new trial, defendant appeals.

The complainant alleges that on January 1, 1889, defendant employed plaintiff as ranch superintendent and agreed to pay him for such services $600 per annum; and, in addition, to furnish plaintiff and his family board. Plaintiff concedes a payment for such services to the extent of $1,624, and alleges the balance to be unpaid. The complaint contains a second count, which avers that plaintiff’s wife performed services on said ranch as cook for defendant’s servants under an employment, for which services defendant agreed to pay a reasonable salary; that such reasonable salary was and is $20 per month, no part thereof being paid. It is further alleged that on February 5, 1895, defendant left the state of California and has ever since that date been absent therefrom. Defendant pleaded payment as to the claim averred in the first count, and denied the employment of the wife, or that the reasonable value of her services was as claimed, or any other sum. As a further defense, the statute of limitation is pleaded by a general averment…