10 Nev. 208 | Nev. | 1875
In ibis case the defendant appeals from a judgment rendered against liim for three hundred and fifty-two dollars and fifteen cents, and from the order overruling his motion for a new trial. The complaint is verified and the allegations are, that the plaintiff worked for defendant two hundred and forty-three days, at defendant’s request, for which he agreed to pay him four dollars per day; that his services were'reasonably worth nine hundred and seventy-two dollars, which defendant promised to pay in gold coin; and that no part of the same has been paid, except one hundred and three dollars and eighty-five cents. The answer admits the performance of two hundred and thirty-one days’ la.bor. It does not deny the promise to pay four dollars per day, but alleges that the reasonable value of the services did not exceed six hundred and eighty-seven dollars. It pleads payment, and a counter-claim, for which defendant demands judgment. Upon the issues raised by these pleadings the parties went to trial. What were the issues? The defendant, by failing to deny, admitted that he had promised to pay plaintiff four dollars per day for his services, and his denial of their alleged value became immaterial. The only allegation of the complaint, therefore, which required proof to support it, was that relating to the number of days that plaintiff worked — he claiming two hundred and forty-three, and defendant admitting two hundred and thirty-one. The plea of payment, and the counterclaim asserted in the answer, of course raised issues which the defendant was bound to maintain by affirmative proof.
On the trial the plaintiff testified to having worked two hundred and forty-three day's; that defendant promised to pay four dollars per day, and that he had paid him five hundred and eleven dollars, and rested his case. The defendant testified: “I am defendant in this action. I employed the plaintiff to work for me. I agreed to pay him ninety dollars per month and board him.” The only other testimony offered by the defendant was as to the value of the
Judgment and order affirmed.