81 Cal. 56 | Cal. | 1889
Action for balance due for work and labor. Claim duly presented to administratrix, and rejected; action brought thereon, issue joined, judgment for plaintiff, motion for new trial denied, and defendant appeals.
The first point made by appellant is, that the claim as presented to the administratrix was unintelligible and insufficient. The claim was sufficient in form, under the rule prescribed in Fallon v. Butler, 21 Cal. 25; 81 Am. Dec. 140; and Estate of Swain, 67 Cal. 641. And the complaint stated facts sufficient to constitute a cause of action, from which it follows that it was not error to overrule defendant's objection to the introduction of evidence in support of it.
The facts, as shown by the claim presented, the complaint, and the findings (which are fully supported by
There was no conflict of evidence as to the number of days’ service, or when it was rendered, or as to its value; and the amount of credits to which the estate was entitled was accepted as being correctly stated in the claim as presented.
Defendant pleads payment and the statute of limitations, and under these pleas insists that the payments of each year must be applied to the service of the corresponding year, and that when they are so applied, whatever balance there was on account of service rendered prior to July, 1883 (decedent having died July 3, 1885), is barred by the statute of limitations, and that this will show that all the service rendered since that time has been fully paid for, or nearly so. We know of no law*
Judgment and order affirmed.
• Paterson, J.,.and Works, J., concurred.