Mcghan

An action for (1) damages for breach of alleged oral contract of employment; (2) wages allegedly due under the contract; and (3) wages allegedly recoverable as a penalty under section 203 of the Labor Code (failure to pay wages immediately after discharge of employee). In a non jury trial, judgment was for defendant Roy Rogers-Frontiers, Inc. (On motion of plaintiff the action was dismissed as to all other defendants.) Plaintiff appeals from the judgment.

In the first cause of action of the complaint, it was alleged that about October 6, 1955, plaintiff and defendant entered into an oral agreement whereby defendant agreed to employ plaintiff as film editor for one year and to pay him, for his services, $340.43 a week plus $708.09 vacation pay; plaintiff performed services under the contract until defendant refused to permit him to continue performing services; on October 26, 1955, defendant refused to permit plaintiff to perform services under the contract or to pay plaintiff for his services; plaintiff was damaged therebv in the amount of $7,229.44.

The second cause of action incorporated by reference the allegations of the first cause of action pertaining to the employment…