Ayres

Ayres v. Thomas

Good Law
116 Cal. 140·1897 Cal. LEXIS 524·47 P. 1013
Supreme Court of CaliforniaFebruary 27, 1897L. A. No. 191California1,154 words

Opinion

Lead Opinion

Searls, J.

This action was brought to recover $1,584.69, with interest on $831.48 thereof from July 28, 1893, and interest on the balance thereof from October 9, 1894.

The cause was tried before a jury and a verdict returned in favor of plaintiff for $1,694.

*142 Upon a motion for a new trial the court made an order granting a new trial unless plaintiff should consent to reduce the verdict by $117.45, leaving the verdict to stand at $1,576.55, to which deduction plaintiff consented, whereupon the motion for a new trial was denied and judgment entered for $1,576.55.

Defendant appeals from the judgment and from the order denying his motion for a new trial. Plaintiff acted as an agent of defendant, a foundryman, in soliciting orders for the output of defendant’s business on commission, and also to some extent as a collector for said defendant. There are five counts in plaintiff’s complaint. The evidence shows that all of the five causes of action are based upon three several grounds: 1. A claim for services in obtaining orders for the products of defendant’s business as an iron founder; 2. A claim for money paid by plaintiff to defendant’s use; 3. A claim for labor performed by plaintiff as…

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