Adams v. Gerig

BURNETT, J.

An examination of the record shows justification for the following statement of facts made by respondent: “Plaintiff and his wife were hired by the defendant to work upon the latter’s farm in Lassen County, the plaintiff to do general farm work, and his wife to do housework. They commenced work under this employment April 8, 1909, and continued, with some intervals of lost time, until September 21, 1911. The agreed wages for Mrs. Adams were fifteen dollars per month, or fifty cents per day, at all times except during haying and harvesting, when she was to have

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thirty dollars per month, or one dollar per day. There is some conflict as to plaintiff’s ordinary wages; he says the agreement was forty dollars per month while defendant asserts the wages were to be thirty-five dollars per month. But there is no dispute that his pay was to be two dollars per day during haying and two dollars and fifty cents per day during harvest. In October, 1911, after the termination of the employment, the parties attempted to settle at the defendant’s farm; but they could not agree as to the state of their accounts, and at the suggestion of the defendant they went, on October 23, 1911, to Bieber’s store at McArthur, in Shasta County, to have R. E. Dunlap, the manager of that store, help them to settle. So they submitted their various memoranda to Mr. Dunlap, and he prepared for them a statement of the account, showing a balance due the plaintiff of $1,192.73. Dunlap was entirely disinterested, and did not influence, or attempt to influence, either party. Defendant signed the statement of account, certifying that he owed the plaintiff the balance therein stated, his signature being by mark and witnessed by Dunlap.” There was a clerical error of twenty-five dollars in the account and some items were inadvertently omitted from the settlement. These items are mentioned in the findings and were taken into account in arriving at the amount of judgment given to plaintiff. “After the statement of the account, and before the plaintiff sued, the sum of $426.40 was paid on account by the defendant. The plaintiff commenced his action August 9, 1912, basing it on the account stated.” Defendant by his answer denied that the account was stated and alleged that plaintiff and Dunlap presented the account to defendant and requested him to sign it and, upon his objection, urged and persuaded him to sign it and falsely and fraudulently represented to him that it was true and correct. It is further alleged that the account is not correct; “that mistakes were made in the computation of wages of plaintiff and his Avife; that it does not contain all the cash or merchandise received by plaintiff from defendant, and that many items of account were omitted therefrom.” The cause was tried upon the issues as thus presented, the fullest opportunity being afforded to show the inaccuracy of said account or that fraud or improper influence was practiced, and the court gave judgment to plaintiff for $723.12 and found that “the account was stated as