Graham

Graham v. Harmon

Good Law
1890 Cal. LEXIS 784·84 Cal. 181·23 P. 1097
Supreme Court of CaliforniaMay 31, 1890No. 12693California1,245 words

Opinion

Lead Opinion

Gibson, J.

Judgment passed for the respondent in this action for $219.77, without costs, which sum consists of $12.10 for services rendered by him to defendants, between the seventeenth and twenty-eighth days of December, 1886, and the remainder for a balance due upon an account between them.

The main question presented for consideration here is, whether the findings of fact are supported by the evidence.

The defendants, who were engaged in the business of *182 conducting a theater and skating-rink in Eureka, .during November and December, 1886, employed' the plaintiff as their manager, whose duty it was to sell tickets of admission to the entertainments and performances given by the defendants, and to pay all the expenses thereof.

Before the trial, defendants, under section 454 of the Code of Civil Procedure, demanded of and obtained from plaintiff a copy of the account sued upon, which showed that he had received $1,250.78, and paid out $1,797.63, being $546.85 more than he received.

Among the items charged to the defendants is one for thirty-two dollars for eight days’ services, at four dollars per day, rendered by plaintiff to defendants. These services were declared upon as a…

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