Docket No. L.A. 25769.

54 Cal.2d 97 (1960)

351 P.2d 793

4 Cal. Rptr. 521

CARRELL W. BOWYER, Appellant, v. JAMES BURGESS et al., Defendants; ANDREW WALIGA et al., Respondents.

Supreme Court of California. In Bank.

May 10, 1960.

Attorney(s) appearing for the Case

Winthrop O. Gordon for Appellant.

Ferguson & Judge and James F. Judge for Respondents.

DOOLING, J. pro tem.*

Plaintiff appeals from a judgment in favor of defendants and respondents Waliga in an action to recover approximately $5,000. The only basis for recovery against these respondents was the following agreement in writing:

"Fullerton, Calif. April 21, 1956.

"It has been proven and is acknowledged by the undersigned that James Burgess has been for all of his employment

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