Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 412

412 MOODY & JAMISON V. GARDNER. [Term of
Statement of the case.
the certain salary, the sum of two thousand five hundred dollars,
which had already been paid, as admitted by plaintiff.
Evidence as to the terms of the contract of employment was
derived mainly from the parties respectively.
Plaintiff testified that before his employment by Moody &
Jamison he had been in the service of the defendant Jamison
(then conducting business alone), at the yearly salary of eighteen
hundred dollars, gold; that tile contract sued on was made
by defendant Jamison, in the firm's office, in July, 1870, by
means of a written memorandum, unsigned by either party,
handed to plaintiff by defendant, and accepted and agreed
to by the former; that Major Labuzan was present; that
plaintiff did not know whether anybody saw the memorandum,
nor what became of it; that, before that time, he and Jamnison
had had several interviews on the subject of wages, and various
propositions made by defendant and rejected by plaintiff;
that he learned, near the close of the year of his engagement,
from a conversation with defendant, that the latter would not
pay him more than two thousand five hundred dollars, gold,
per year; that, on the 15th of July, 1871, he called on the
bookkeeper, McCall, for a statement of his account, that ,he
might obtain a settlement with the cashier of defendants, and
account was therefore made out by the bookkeeper, showing
a balance due plaintiff, on the year's salary, of two hundred
and twenty-seven dollars and fifty-five cents, gold, which was
then paid him by the cashier; that this account was made out
by the bookkeeper, at witness's request, and the amount of the
salary, upon the basis of which the balance was struck, two
thousand five hundred dollars (gold), for the year, was named
by the witness himself to the bookkeeper, upon inquiry, by the
latter, of him, as to the amount of said salary; that plaintiff
claimed, at that time, that defendants owed him, besides said
balance, the additional sum of five hundred dollars, but neither
of defendants was present, or heard the claim made.
The cashier, Etheridge, stated that he paid plaintiff the balance
of two. hundred and twenty-seven dollars and fifty-five