Burns v. Renaker Co.

FRICKE, J., pro tem.

Plaintiff's first cause of action is one for services rendered by her personally and the second cause of action is upon an assigned claim for services rendered by Jewel W. Burns, her husband. The only attack by this appeal is upon the judgment on the first cause of action, whereby respondent was awarded $732.30' with interest from the date of the termination of her services.

Appellant Renaker Company, a copartnership consisting of C. Taylor Renaker and his mother, was engaged in the

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undertaking business. While there is some conflict in the testimony, there is evidence sustaining the conclusion that one Leslie Renaker was employed by the copartnership and was in authority equal to that of C. Taylor Renaker, hiring and directing employees and participating in managing the business. It is not denied that respondent rendered services as a lady assistant, but appellants contend that there is no support for the court’s finding that appellants promised and agreed to pay her at the rate of $100 a month. We agree with this contention, for there is an entire absence of any testimony of either such a promise or agreement. That finding may, however, be disregarded, for the balance of the findings are a sufficient foundation for a recovery at the rate of $100 per month as the reasonable value of services rendered.

Appellants further contend that there was an agreement that the compensation for the services of respondent was included in the salary paid her husband. This claim is based upon the testimony of C. Taylor Renaker that he had such an agreement with Jewel W. Burns, husband of respondent. Not only is this denied in the testimony of the husband, but there is an entire lack of evidence that the latter had authority to make such an agreement. It is also significant that the husband rendered services for a full month before the wife was employed and that his salary for that month was as large as his salary during the months while she was employed. A reading of the transcript discloses sufficient evidence to sustain the conclusion that respondent was employed by appellants through Leslie Renaker, who on several occasions assured her that she would be paid for her services. There is also evidence that after respondent left the employment Mrs. Renaker, one of the partners, made the admission that a big check was due respondent and she would see that she received it. The trial court was warranted in refusing to find that respondent’s compensation was included in the amount paid to her husband.