The trial was before court without the aid of a jury. Appellee was appointed, by the commissioners’ court, road supеrintendent of appellant county for a term of two years at a salary of $250 per month, under an act of Legislature creating such office. After having duly qualified and served one year, said court without notice to appellee, enterеd an order reappointing ap-pellee, and reserving the right to discharge him at any time and reducing his salary to $200 per mоnth. Appellee was informed by one of the commissioners thаt his salary had been cut, and later was so informed by the court, but not as the other terms of the order. At this time,' according to appellee’s testimony, he stated to the court;
“I said I was sorry thеy saw fit to do that, but we had a big program of work on hand, and I wanted to get along harmoniously with the court, and we would not discuss that matter with the court at that time.”
Thereafter warrants were issued to appel-lee for $200 per month. There is no showifrg that such warrants contained any statement showing that they were paid or accepted in full settlement. Suit was brought for the remaining salary under the original appointment, and judgment was for appеllee for $600.
No contention was made as to appellee’s services giving full satisfaction. The record shows he was a competent, diligent, and faithful officer. The appellаnt submits three grounds for reversal: First, there, was a mutual agreement tо reduce appellee’s salary. This contention is dispоsed of by that part of the record quoted, which is that the order was entered without notice, and that when notified his salary was сut, he declined to agree to the action taken. Second, that there was an accord and satisfaction. This fails, bеcause there was no proof that appellee accepted the warrants in full satisfaction. Graham v. Kessеler (Tex. Civ. App.)
The other authorities cited are based on consent of an employee to continue the employment at less salary. It is not believed that appelleе’s testimony conclusively shows consent on' his part to the reduction of his salary. Again, ratification must be based on full knowledge, аnd such knowledge is not shown to appellee of that pаrt of the order authorizing the court. to discharge him at any time. Appellee was not bound to take notice of the order. It was void. As stated, his was a public office and was not vacаnt.
We conclude the trial court was justified in his conclusion that appellee did not consent to the. attempted reduction and did not *226 accept the amount received in full satisfaction, and, believing that in this case “the laborer is worthy of his hire,” the judgment is affirmed.