Mathewson v. Alderman

MARKS, J.

Respondent was, at all times material hereto, Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations of the State

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of California. Appellant was the owner and operator of two or more plants from which she sold water. One of these plants was located at El Centro, California, and another at Brawley, California.

It is alleged in the complaint that Mrs. Joe M. Reece worked for appellant at the Brawley plant from November 1, 1926, to October 1, 1927, at an agreed salary of $60 per month. It is also alleged that the work and labor performed by Mrs. Reece for appellant was of the reasonable value of $660. Eighteen dollars was paid by appellant to Mrs. Reece on account before this action was instituted. She assigned her claim to respondent by a written instrument dated June 27, 1928', which was before this action was instituted. In another cause of action the complaint alleged that Madge Downing worked for appellant between October 1, 1927, and June 1, 1928, at an agreed salary of $50 per month. The complaint further alleged that the work and labor performed by Madge Downing was of the reasonable value of $400, upon which nothing had been paid. On July 10, 1928, Madge Downing assigned her claim against appellant to respondent by an instrument in writing.

The answer of appellant denied all of the material allegations of the complaint except the official position of respondent. In a separate defense it is alleged that respondent’s assignors were married women and that their claims for wages were filed “solely for the reason that this answering defendant declined to pay to the husbands of said respective parties compensation which this answering defendant believed said two husbands were not entitled to as and for vacation money.”

After a trial before the court without a jury, the court held that there was no express contract of employment of respondent’s assignors by appellant. It further found that the two assignors performed services for appellant at her special instance and request, and that the reasonable value of the services performed by Mrs. Reece was the sum of $330, upon which $18 had been paid, and that the reasonable value of the services performed by Mrs. Downing was the sum of $200, upon which nothing had been paid. Judgment was entered in favor of respondent and against appellant in the sum of $512.