Burton

This is an appeal from order granting defendant’s motion to exclude evidence of matters alleged in paragraph Y of plaintiff’s complaint.

Suit on a common count was brought on a rejected creditor ’s claim against defendant bank as special administrator of the estate of Carl A. Wolf, deceased; the claim is set up in paragraph Y as follows: “From January 1, 1959, to August 31, 1965, plaintiff collected contingent liabilities owed on automobile contracts at the Bank of America and at the First Western Bank, ... in behalf of Carl A. Wolf, deceased, the reasonable value of the services rendered in collecting the same being the sum of Six Thousand Nine Hundred Eight ($6,908) Dollars. Said work was performed by plaintiff for said decedent, at his request, and said decedent, in consideration thereof promised to pay to plaintiff the reasonable value of the said labor performed upon request.”

Hereinafter a lengthy detail of the numerous motions noticed and orders entered is set out to point up the efforts made by both defendant and the court to compel plaintiff to either furnish a bill or particulars and locate the records on which his alleged claim is based, or if he could not do so, make…