Todhunter v. Armstrong

Citations

• 6 Cal. Unrep. 27
• 53 P. 446
• 1898 Cal. LEXIS 1049

Syllabus

<p>Master and Servant.—One Who Takes Charge of Another’s Ranch, with the understanding that he is to receive for his services a certain sum per month, and, after paying from the gross proceeds the operating expenses, including his own salary, and deducting what was due for supplies and equipments furnished by him, to return the balance to the owner, and who does not agree to bear a part of any loss which may occur, is merely a hired man, and not a tenant. A verbal understanding that he was to remain in possession of the property, and have a lien thereon till he was paid, is no defense to the owner’s action for recovery of possession.</p>