McLain

McLain v. Baker

Good Law
1890 Cal. LEXIS 595·82 Cal. 529·22 P. 1084
Supreme Court of CaliforniaJanuary 13, 1890No. 13231California1,173 words

Opinion

Lead Opinion

Gibson, J.

This action was to recover of the defendant the sum of $220, received from and to. the use of plaintiff, and for services rendered by plaintiff to defendant, at his request, from about May, 1886, to on or about September 20, 1887, for which defendant agreed to pay the reasonable worth of such services, which were alleged to be reasonably worth the sum of $30 per month.

Defendant, by his answer, denied that he received from plaintiff any greater sum than $124.50, and that the plaintiff- rendered him any services other than from April 20, 1887, to October 20, 1887, which, he avers, were at the agreed price of $15 per month. And as an *530 affirmative defense, that he, defendant, expended for the use of plaintiff, at his request, from December, 1885, to October, 1887, the sum of $437; that at plaintiff’s request, he boarded and pastured three horses for plaintiff, for different periods, which board and pasture were reasonably worth $170; that through the negligence of plaintiff, he, plaintiff, lost a horse worth $50, loaned to him by defendant, for which he agreed to pay the latter sum; that he, defendant, furnished a hay-rack to plaintiff, and rendered certain services to him, at…

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