196 SUPREME COURT OF THE CANAL ZONE.

Appeal from the Circuit Court of the First Judicial Circuit; Hon. H. A. Gudger, judge.
The facts appear in the opinion.
Felix E. Porter, for appellant. Hinckley and Ganson, for appellee.
WM. H. JACKSON, J. On November 25, 1912, the plaintiff, XWilliam A. Blue, recovered a judgment of $800 against the defendant (appellant) by the consideration of the Circuit Court of the First Judicial Circuit. The plaintiff's action was predicated upon a tentative contract alleged to have been made and entered into in the City of New York on the 15th of May, 1911, between the plaintiff and Mr. C. E. Jackson as the managing superintenent of the defendant company, by the terms of which the plaintiff was to be employed as logging manager of the defendant company at a salary of $400 a month, and expenses, and the further consideration that the defendant was to pay to the plaintiff at the expiration of 10 months from the date of execution of said contract the sum of $600, with which the plaintiff was to be allowed a vacation of 6 weeks, it being stated at the time of the Making of said contract that the same was based on the Isthmian Canal Commission's contracts -relative to the vacation pay of its employees.
There was evidence to show that this tentative contract of May 15, 1911, -*as altered and a new contract entered into at the Hotel Tivoli between the plaintiff and the defendant acting through its managing agent Mr. C. E. Jackson, by which the plaintiff was to receive $5,000 per annum for the first year and $10,000 per annum for the second year; but there is no evidence to show that this latter contract was recognized or carried into effect between the parties.
The plaintiff received monthly the sum of $400 from the defendant company for his services as logging manager, until July 15, 1912, when his contract of employment was terminated by the company, and his suit here is based upon his claim for $600 vacation money and his expenses, pursuant to the agreement which the plaintiff alleges to have existed. There is also the further claim for $200 on account of services actually rendered from the 15th of July to the 1st of August, 1912, but this claim

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