Crowley

On the trial of this ca sc in the Court below, it was admitted that one M. J. Quin was the president of the corporation, defendant in this case, and tho superintendent and managing agent of its mines in Plumas County, and had full control of its business in *274 that county, its principal place of business being in the city of San Francisco. It was proved that he was the princi]ial stockholder in the company. On the 11th of'’September, 1877, Quin employed the plaintiff to work in a quartz mine in Plumas County, belonging to the defendant, for the purpose of taking out what is known as “ tribute rock,” and delivering it at the defendant’s quartz mine, to be crushed by the company at its mill, free of cost or expenses to the plaintiff; and, as compensation for his services, one-half of, the gross amount of the proceeds of each crushing was to be paid to the plaintiff. On the 12th of September, 1877, the plaintiff went to work under this agreement of taking out rock from the mine, and continued to work for the defendant until January, 1878, when he was discharged by Quin.

Two crushings were made by the defendant, of rock taken out and delivered by the plaintiff: one on the 25th of…