Wetmore

C. A. Wetmore having been adjudged an insolvent debtor, the plaintiff, Clarence J. Wetmore, was elected assignee, and to him all the insolvent’s property was assigned in accordance with the provisions of the Insolvent Act of 1880.

Plaintiff alleges in his complaint that, at the time of the assignment, the defendant was indebted to said insolvent in the sum of two thousand five hundred dollars for personal services of the latter from July 16 until December 21, 1891, in superintending defendant’s winery and manufacturing wines; that such indebtedness passed to plaintiff by said assignment and has not been paid, and prays that he may have judgment against the defendant for said sum.

The answer of the defendant denies that defendant employed Charles A. Wetmore to perform any services whatever, and denies that he performed any services *322 for the defendant, except such as he performed under and in accordance with the following written contract:

Admits that Charles A. Wetmore performed such services as required of him by said contract until December 21, 1891, and alleges that on said twenty-first day of December, 1891, said contract was canceled and annulled, and that each party…