Moore v. Satir

MUSSELL, J. Plaintiff brought this action for an accounting, and to recover a balance claimed to be due for services rendered as ranch foreman for the defendant over a period of approximately four years. The parties agreed that plaintiff was employed by defendant as general foreman in defendant’s farming operations in Imperial Valley in December, 1939, and remained so employed until about the first of August, 1944; that plaintiff received an agreed wage of $25 per week, a house and a car furnished, and the privilege of keeping a cow and poultry upon the ranch; that in the summer of 1942 the weekly wage was increased to $30 per week and that the weekly wages were all paid.

The controversy herein arises from the claim of plaintiff that defendant promised and agreed to pay him, in addition to said weekly wages, a bonus of 10 per cent of all net profits from defendant’s farming operations, beginning in December, 1940, and payable at the end of each crop season on or about July of each year.

The testimony of plaintiff on this subject was vague and indefinite. He testified that defendant said he was willing to pay a percentage of his business if plaintiff made it earn money for him, and that defendant didn’t exactly say “I will give you a certain amount,” but said, “My business should stand 10% ”; that some time in July of 1941, defendant hired another man to assist plaintiff and stated that the business would stand 15 per cent bonus to be paid to the “two of you” and that plaintiff was to receive 10 per cent.

Defendant testified that in July of 1941, he told plaintiff that he was going to get more land and that if plaintiff would stay and help him out he would give him 7 per cent on the net profit of the farm. When questioned as to how the net earnings would be ascertained defendant stated, “I told him take expenses out and if there is any profit left I will give him 7%. Anything the cost of the crops or anything else, [811]any profit I give you 7%.” Defendant denied having agreed to pay plaintiff a bonus of 10 per cent. No accounting was made by the parties at any time but it is conceded that plaintiff received a promissory note from defendant in the sum of $1,250 at the close of the 1941 harvest, and various sums of money as bonus payments during 1942, 1943 and 1944, which sums amounted to $1,055.

In July of 1944, shortly before the crop season was over, plaintiff and defendant participated in a final discussion as to the bonus account. At that time defendant wrote out a check payable to plaintiff for the sum of $6,000 in full settlement of the bonus account and demanded as a part of the settlement that plaintiff return the promissory note for $1,250. Plaintiff cashed the check the day following the discussion and sent the promissory note to defendant.