Hocker v. Glover

MR. JUSTICE THOMPSON (R. L.) Delivered the Opinion of the Court.

This is an appeal from a judgment against the plaintiff upon a claim for services rendered.

John Buckley owned a small unimproved tract of land at El Cerrito. During a term of four years prior to September 5, 1926, the plaintiff was periodically employed by him to perform labor on this property. He helped construct chicken-houses, cabins and a garage. He aided in building fences, laying sidewalks and planting trees. During a portion of this time the plaintiff roomed and boarded with the family of John Buckley. The amount of compensation for this service was not agreed upon. Nor was the value of the room and board stipulated. John Buckley died September 5, 1926. His estate was probated. The defendant was appointed and qualified as administratrix of his estate.

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April 18, 1927, the plaintiff presented his claim to the estate for services based upon the following items:

“48 months’ salary at $75 per month......$3,600

Less $240 received on account............ 240

Balance................$3,360”

This claim was rejected. In addition to the foregoing facts the court found that the plaintiff’s claim for .services which were performed prior to September 5, 1924, is barred by the provisions of section 339 of the Code' of Civil Procedure ; that the services of the plaintiff which were performed within two years prior to the death of the deceased were fully paid; that the reasonable value of these services was compensated by the room and board which were furnished to the plaintiff during that period of time, and by the payment to him of an additional aggregate sum of $1610; that the plaintiff did not purchase supplies for the deceased, except occasionally in small quantities, which supplies were “paid for by John Buckley”. A judgment was accordingly rendered in favor of the defendant directing that the plaintiff take nothing by his cause of action. From this judgment the plaintiff has appealed.

The appellant contends that the fourth and seventh findings of the court are unsupported by the evidence. Portions of these findings are challenged by the plaintiff as erroneous. The challenged portions read as follows: “4. . . . Said plaintiff did not purchase supplies for said John Buckley and his said wife' except on rare occasions, and then such supplies were in small quantities, and were paid for by said John Buckley.” “7. That the reasonable value of the services rendered by the plaintiff . . . during the two year period next immediately preceding the day of death of John Buckley, to-wit, September 5th, 1926, did not exceed the compensation which the decedent, John Buckley, actually rendered plaintiff therefor, consisting of the board and room and payments aggregating $1,610.00.”