Turner

Defendant appeals from a money judgment rendered against him in an action brought to recover- a portion of the money paid him by one Emma G. Latshaw for legal services rendered on her behalf. The complaint is east in three counts. Count one is in form of money had and received. Count two alleges that in the state of Texas, which was then the domicile of plaintiffs and Emma G. Latshaw, the said Emma G. Latshaw employed plaintiffs as attorneys to represent her in any legal proceeding that might be deemed necessary in connection with a proposed contest to the will of her deceased sister Mary B. Merriam Beagan, which was then in process of probate in the Superior Court of the County of Los Angeles, California. That pursuant to such employment, and at the request of the said Emma G. Latshaw, plaintiffs employed defendant to assist plaintiffs in representing the interests of the said Emma G. Latshaw in connection with the estate of her sister, and particularly to attend to such matters as were deemed necessary in California. The count further alleges that it was agreed between plaintiffs and defendant that all moneys received in connection with said services were to be divided equally…