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Warren v. Glasgow Exp. Co.

December 31, 1916

H. WARREN, RESPONDENT, V. GLASGOW EXPLORTION COMPANY, LIMITED (A CORPORATION), APPELLANT.


Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge.

T. A. Brandon, for Appellant.

J. A. Langwith, for Respondent.

By the Court, Norcross, C. J.:

This is an appeal from a judgment and an order denying defendant's motion for a new trial. Plaintiff brought his action upon contract and prayed judgment in the sum of $1,491.66 and costs.

After alleging the corporate capacity of defendant, the complaint alleges:

“That between the 16th day of December, 1898, and the 15th day of November, 1913, the plaintiff has continuously and at all times between said dates rendered services to the defendant, at its instance and request, as state agent, and resident agent upon whom process might be served, for the defendant in and for the State of Nevada, and as attorney for the defendant at its request, in counseling and advising the defendant and in attending in and about the business of the defendant and in prosecuting and defending certain suits for the defendant. That said services are reasonably worth the sum of $100 per year for each and every year between the 16th day of December, 1898, and the 15th day of November, 1913. That the defendant has not paid the same or any part thereof.”

Defendant's answer, among other alleged defenses, set up the statute of limitations as a bar to plaintiff's claim for compensation for services rendered prior to four years preceding the termination of such services.

By reply to defendant's answer, plaintiff and respondent denied the alleged bar of the statute of limitations, upon the ground that that services rendered were continuous. Judgment was rendered for the full amount prayed for.

Among the findings of the court appear the following:

“That the plaintiff, in the State of Nevada, for the period of fourteen years and eleven months, continuously (which said period began the 16th day of December, 1898, and ended on the 15th day of November, 1913), rendered and performed services for the defendant, at its instance and request, as state agent, and resident agent of a foreign corporation upon whom process may be served

[40 Nev. 103, Page 106]

within the State of Nevada, and also as attorney at law at its instance and request in counseling and advising the defendant and in attending in and about the business of the defendant and in prosecuting and defending certain suits for the defendant. That said services were performed in an uninterrupted and continuous manner; and were performed under no employment that was for any definite period. That said services were reasonably worth the sum of $100 for each and every year embraced in the period of their performance, as aforesaid; that is to say, in the aggregate, the sum of $1,491.66 23/100.”

It is contended that the findings, supra, are not supported by the evidence.

Relative to the contract in question, we quote the following from the testimony of ...


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