Patch

Patch v. Miller

Good Law
125 Cal. 240·1899 Cal. LEXIS 836·57 P. 986
Supreme Court of CaliforniaJune 26, 1899S. F. No. 1477California511 words

Opinion

Lead Opinion

Gray, J.

Action for work and labor. Plaintiff claimed -seven hundred and twenty dollars to be due her and appeals from a judgment in her favor for two hundred dollars.

The defendants are sued as executors of the last will and testament of J. M. Miller, deceased. The court found in the second finding as follows: “That for and during the period of two years immediately preceding the time of the decease of said J. M. Miller, hereinafter mentioned, the said- plaintiff, at the special instance and request of said J. M. Miller, rendered and performed certain work, labor, and services to and for the said J. M. Miller, and that such work, labor, and services were and are of the reasonable value of twenty-five dollar-s per month.” The seventh finding is to the effect that no part of the claim has been paid.

The above is all that is said in the findings as to the length of time that plaintiff worked for deceased, and, while it is not as clear a statement of the fact as might have been made, yet we think a fair construction of its language will make the finding *241 mean that the plaintiff worked for deceased two years or twenty-four months, and that the reasonable value of such work was and is…

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