Appeal from Superior Court, Santa Cruz County; Gordon Farley, Judge.
Fred W. Fickett, of Tucson, and Duane Bird, of Nogales, for appellant.
James V. Robins, of Nogales, for appellee.
J. Mercer Johnson, Superior Judge. La Prade and Udall, JJ., concur. Stanford, C. J., being ill, the Honorable J. Mercer Johnson, Judge of the Superior Court of Pima County, was called to sit in his stead.
J. Mercer Johnson,
[66 Ariz. 336] This is an appeal by plaintiff, Thomas J. Anderson, from a judgment for defendant, Artesia Investment Co., a corporation, rendered by the court sitting without a jury in an action for claimed salaries and royalties due under a certain written agreement and on six assigned claims held by the plaintiff for labor and services alleged to have been performed for the defendant by certain workmen.
Plaintiff's complaint sets up seven separate causes of action, the first is upon an express contract (the written contract having been pled haec verba) and the other six causes of action are on assigned claims for services and labor performed for plaintiff under the May 31st agreement and hereinafter considered.
The plaintiff on December 6, 1940, entered into a written agreement with the defendant, Artesia Investment Co., a corporation, called an operating agreement by which the plaintiff agreed as superintendent and general manager to mine and operate the mining property of defendant located in Santa Cruz County, at a stipulated salary plus 25% of the net proceeds. This agreement was to terminate after five years, but it could be terminated by either party upon sixty days' written notice.
Pursuant to this agreement the plaintiff moved his tools and equipment upon the mining property and started working, and
that on or about the 21st day of May, 1941, the plaintiff terminated the agreement by resigning, with the result that a complete settlement was made between the parties on May 31, 1941, and all debts and expenses up to that date were settled by the parties.
On that date, the plaintiff and Stanley Beck, son of the secretary of the Artesia Investment Company, desiring to continue working said mine and shipping ore, the following ...