McDonough
McDonough v. Pacific Mail S. S. Co.
Opinion
Lead Opinion
Rudkin, J.
On February 23, 1921, tbe appellant and tbe appellee entered into a written contract wherein the appellant agreed to enter the employ of the appellee as first assistant engineer on such vessels and upon such voyages to ports on the Pacific Ocean as the appellee might from time to time direct, and to perform all duties required by law and by the employment and service, for the full period of one year, “in consideration of the sum of $216.25 per month, subject to increase of wages as promotion offers,” to be paid by the appellee, and to continue until returned to the port of San Francisco, after the expiration of the year, under full pay. It was further agreed that the appellant would, from time to time, execute legal shipping articles in the form and manner required by law, in addition to the written contract in question. Under this contract the appellant went to China and joined the steamship Lake Farmingdale as first assistant engineer. He served in that capacity and received the stipulated wage of $216.25 per month until July 5, 1921, when he was promoted to chief engineer. Upon promotion to chief engineer, his compensation for the first voyage was fixed at $305 per month.…