Nash

This action is founded upon the same alleged breach of a contract of employment which is considered in the opinion rendered in the case of the same title (S. F. No. 937), 56 Pac. 260 . In the present case, which was begun earlier than the other, plaintiff proceeded for the salary he would have earned under his contract, at $90 per week, during the four weeks next following his discharge, and ending June 30, 1895; and, contrary to the result in the other case, he obtained a verdict and judgment for the amount demanded. The defense was substantially the same in both actions.

On the trial of this case it appeared in evidence that sundry communications were sent between the parties—plaintiff at the east, defendant in San Francisco—looking to an engagement of plaintiff as stage manager of defendant’s theater. Finally, in a letter dated at New Haven, Connecticut, May 11, 1894, plaintiff declined defendant’s terms previously offered, and continued: “I will sign a contract for ninety dollars a week for the first year, and if at the end of that time business should not warrant the ten dollars raise, I would Wait until it did.” On May 18th defendant replied by wire: “Your terms, ninety…