Elbert

This is an action to recover damages for the breach, by defendant, of an alleged contract, by which defendant ageeed to employ plaintiff as its *245 superintendent for a term of two years. Judgment went for plaintiff, and defendant appeals.

The main points made by appellant may be condensed into the statement that the evidence does not show any contract such as is averred in the complaint, and found by the court, and that, at least, it does not show a contract in writing within the meaning of the statute of frauds. We, however, do not think that appellant’s position is tenable.

It appears, beyond dispute, from the evidence that in November, 1888, certain letters and telegrams passed between C. H. Simpkins, who was then president of the defendant (a corporation), and the respondent, concerning the employment of the latter. At that time Simpkins was in Los Angeles, California, which was the principal place of business of the defendant. Respondent was at Minneapolis, in the state of Minnesota. It appears further, beyond doubt, that in pursuance of said correspondence the respondent left his employment at Minneapolis, came to Los Angeles, entered upon the duties of the office of…