Anderson v. Standard Lumber Co.

FINCH, P. J.

Plaintiff sued to recover for services alleged to have been performed by him for defendant and for the amount of a claim of one Ole Orr against defendant which had been assigned to plaintiff. The court found against plaintiff and gave defendant judgment for costs. This appeal is from the judgment.

July 28, 1920, the defendant employed P. S. Dainard to act as superintendent of its sawmill at Standard, Tuolumne County, the contract of employment being in the form of a letter, signed by D. IT. Steinmetz, defendant’s general manager, containing the following:

“Per the arrangements made with you to-day, we will agree to pay you on the basis of $4000.00 per year, to take the position as superintendent at Standard, in full charge of sawmill, pond and yard. ... It is understood that you will make your arrangements to be at Standard not later than the 15th to the 20th of August.”

[412]

Dainard entered upon the discharge of his duties as such superintendent about the 1st of September, 1920.

For many years prior to his employment by defendant, Dainard had occupied similar positions in various eastern and Canadian sawmills and had a wide acquaintance with men working therein. The defendant desired to secure the services of some of these men and, on July 28, 1920, Steinmetz gave Dainard, who was about to go to Minnesota to bring his family thence to Standard, written authorization to employ men as follows:

‘•‘In connection with the help that we would like to have you pick up, we can use: 6 or 8 good first class lumber pilers, and we will pay the following rates: 5/4 and 6/4 and 8/4 & better, 60(5 per thousand feet; 4/4, 6714(5 per thousand feet. . . . All piles will be covered with IV2" box lumber, which will be paid for at the regular 6/4 rate, 60(5.

“We would like to have you look up two or three pond men to work on the water at 571,4 per hour; 1 of 2 setters, 70(5 per hour; doggers, 62[4^ per hour; 2 edgermen, 75(5; 2 trimmermen, 65(5; 2 oilers, 60(5. We can use from six to twelve good mill men, common laborers, at 50^ per hour.

“You can say to the men that you employ that the work will be steady the year around, and we will furnish transportation to such men as you select, with the understanding that it is to be paid back to us, and with the further understanding that if they stay with us for six months that the company will refund the railroad fare.”