Duncan

Action for balance due for work and labor. Claim duly presented to administratrix, and rejected; action brought thereon, issue joined, judgment for plaintiff, motion for new trial denied, and defendant appeals.

The first point made by appellant is, that the claim as presented to the administratrix was unintelligible and insufficient. The claim was sufficient in form, under the rule prescribed in Fallon v. Butler, 21 Cal. 25 ; 81 Am. Dec. 140 ; and Estate of Swain, 67 Cal. 641 . And the complaint stated facts sufficient to constitute a cause of action, from which it follows that it was not error to overrule defendant's objection to the introduction of evidence in support of it.

The facts, as shown by the claim presented, the complaint, and the findings (which are fully supported by *57 the evidence), are, briefly stated, as follows: Decedent was the owner of a grain warehouse at the town of Gilroy; plaintiff was employed by him as foreman of such Warehouse, and rendered service as such on such days as service was required during every month, from JanuT ary, 1881, to June, 1885, both inclusive, the service in the different months varying from six days to twenty-seven days. He kept…