Smith v. La Farge

Appellant, Tyler Henry Smith II, brought this action to recover damages for breach of a written contract. After hearing the evidence the trial court entered judgment in the sum of $13.20. For reasons hereafter stated we have concluded that the judgment must be affirmed.

Appellant operates a private employment agency. In late 1962 respondent sought his aid in finding a job. The parties entered into a written agreement wherein respondent agreed to *808 pay appellant $120 for information by which she could secure a bona fide employment interview. Appellant supplied such information and as a result thereof respondent obtained an interview and secured employment with the New York Life Insurance Company. The employment lasted 10 days. Respondent’s total wages were $132. Appellant demanded payment of the $120 fee stipulated in the written agreement but respondent refused to pay. Appellant then brought the matter before the Labor Commissioner who determined that respondent should pay a fee of $13.20. Thereafter appellant .filed an action in the superior court as allowed by Labor Code section 1647 1 seeking a trial de novo. As we have noted, the trial court’s judgment fixed appellant’s…