Schneider

This is an appeal by defendant from a judgment for plaintiff upon an .assigned claim of one Frank Dillon. The defendant is a mining corporation, with its principal place of business in Massachusetts. On December 19, 1907, the defendant acquired a group of mines in Nevada County, California, from F. H. Oakman. On September 29, 1909, Dillon was elected mine manager, and from the 22d of November of that year he served as vice-president of the company. On or about the third day of June, 1911, his salary was fixed at $150 per month, to continue to the first day of January, 1912. He was paid this salary in full to that date. He continued in the service of the company until the first day of August, 1914, without any new arrangement being made as to salary. It is claimed by the defendant that during the year 1913 he either performed no services, or that his services were materially different from those performed by him as manager during the period between his employment and the first day of January, 1913; but an examination of the evidence shows that he was busy about the affairs of the company during that time except during a short period when he was absent on a vacation. While the mine…