Kast

In an action brought by plaintiff for personal services rendered defendant and for money expended at its special instance and request, a verdict for plaintiff was rendered and from the judgment entered thereon defendant appeals on a bill of exceptions.

Certain cases were being prosecuted in Madera County for the alleged larceny of horses belonging to the defendant Miller & Lux, and that corporation retained Judge Ostrander as an attorney to assist the district attorney of Madera County in the prosecution of these larceny cases. In April, 1908, Judge Ostrander engaged the plaintiff as a detective to gather evidence in behalf of the prosecution in the eases referred to and to report the results of his efforts to other special counsel likewise employed by Miller & Lux in such cases. The agreement of Ostrander with plaintiff was to pay the latter five dollars per day and necessary incidental expenses, and to further pay him the sum of two hundred and fifty dollars for each convic tion secured. Tlie business agent of the defendant—one Shannon—was present when this agreement was made by Ostrander with the plaintiff, though he took no part in making the contract.

No claim was made in…