Dusis v. Karnezis

HART, J.

The action is for the recovery of the total sum of $1,489.85, alleged to be the balance due plaintiff for personal services, alleged to have been performed, and moneys advanced and expended by plaintiff for defendants “at their special instance and request.”

The facts, taken in part from plaintiff’s testimony, generally stated, are: That the three defendants and one Eron, in the year 1920, jointly owned a band of some 1500 head of sheep which they were keeping and pasturing on a track of leased grazing land in Yolo County. In June, 1920, they employed plaintiff to herd and take care of said sheep, at a monthly wage or salary of $100 per month. Plaintiff worked for the four defendants from the twenty-sixth day of June, 1920, until about the twenty-sixth day of October, 1920, at which time or thereabouts defendants divided the sheep between themselves. Immediately after such division was made and the defendants were no longer jointly interested in the sheep business, appellant, who was then residing in the city of Marysville and consequently not stopping at the sheep ranch, engaged plaintiff to continue to take care of his (appellant’s) sheep and to take charge of the sheep camp, agreeing to pay plaintiff the sum of $125 per month for his services and to reimburse him for any moneys he (plaintiff) might advance in purchasing groceries, provisions, etc., necessary for living purposes at the camp, and for any expense he might incur in procuring pasturage for the sheep. The plaintiff worked for appellant, upon the terms stated, from the twenty-sixth day of October, 1920, until June 13, 1921. The total number of months during which the plaintiff was so employed by and for the defendants and for the appellant was eleven months and eighteen days.

The complaint, which is in two counts and unverified, alleges, in the first count, that defendants are indebted to plaintiff as for labor performed in the aggregate sum of $1,346.06, of which the sum of $750 had been paid, leaving a balance unpaid, on account of labor performed, of $596.06. In the second count it is alleged that plaintiff advanced and expended the sum of $893.79 for the defendants in the

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purchase of provisions, supplies, pasture, feed, etc., and incurred and paid “other expenses in connection with the care of a band of sheep” belonging to defendants.