J. Neils Lumber Co. v. Farmers Lumber Co‪.‬

1. Appeal and error — Substantial evidence rule. Presumption exists that findings of the trial court and its judgment thereupon are correct and they must be sustained when supported by substantial evidence. 2. Master and servant — Contract for labor sustained. The evidence sustained the alleged verbal contract that plaintiff was employed to perform and did perform labor in locating and surveying a high tension pole line for a distance of 26 miles at a compensation of $10 per day and six cents a mile for his automobile; the evidence did not sustain defendants contention that plaintiff quit work without having completed the survey but did prosecute the work until the plaintiff abandoned the project. 3. Master and servant — Divisibility of employment contract. Plaintiff was not precluded from recovering on the theory that the contract was entire and indivisible. 4. Appeal and error — Variance. There was no variance between pleadings and proof as to terms of the contract. 5. Evidence — Inconsistency of plaintiffs testimony. The alleged fact that plaintiffs testimony on cross-examination did not preclude recovery by plaintiff under the rule that respondent is not entitled to recover unless that portion of his testimony least favorable to his contention is of such a character as to authorize recovery, where cross-examination testimony was reconcilable with direct testimony as being merely an identification of what the job consisted of for which recovery was sought and the fact that defendant did hire plaintiff to do the job referred to.