Appeal from the Fourth District.

Suit for services rendered during two years, at two hundred dollars per month. The defendant and others, being the owners of the Roblar rancho with plaintiff, employed the plaintiff to take charge of the same and sell the land in small tracts to settlers and others, he to receive a commission upon all sales of five per cent. Having taken charge of the estate, plaintiff made numerous sales; during his employment he rendered five different accounts current, showing the amount of sales, all money disbursements for taxes, costs paid in divers suits, recording, etc., etc. These accounts are dated respectively June 1st, 1855, August 1st, 1858, January 21st, 1859, April 1st, 1859, and October 29th, 1859. In the accounts, plaintiff retained out of moneys in his hands the proceeds of sales of lands, his commissions and disbursements. If the account showed a balance one way or the other, it was paid, except as to the last account, which shows a balance due defendant.

After the lapse of two years, and after the rendition of these accounts without claim for other services, this suit is brought for extra services, at the rate of two hundred dollars per month, for two years.

The point of dispute is whether, under the agreement between the parties, that plaintiff should take charge of the rancho and make sales, and receive a commission of five per 'cent, on sales, plaintiff’s compensation for all services was covered by such commission. Plaintiff, in managing the rancho, brought twenty-seven suits against squatters, hunted up witnesses, ascertained the exact land each squatter occupied, made disbursements, etc. Various witnesses testified that his services in these respects were worth from two hundred to two hundred and twenty-five dollars per month.

The agreement between the parties was verbal, and it was proven by one or two of the other parties thereto that plaintiff was to receive the commission on sales,.but that no stipulation was made as to other services, and that they had paid plaintiff in addition to said commission, various sums—one party fifty dollars per month extra. Verdict for plaintiff, $1,000. Judgment accordingly; defendant appeals.