Brisacher

Plaintiff recovered judgment in this action for $3,081.50 against the defendants Philip Baier, E. A. McCord and F. H. Smith, and Ed. L. Harper, who defaulted. The action was dismissed as to the defendant A. J. Pearce, who was not served. The cause was tried by the court sitting without a jury. The defendants Baier, M'cCord and Smith appeal.

The complaint contains two causes of action, one of which is based upon the claim of plaintiff for services alleged to have been performed by him for defendants and for money advanced for their account, and the other cause of action is based upon an assigned claim of Bobbins, Elkins & Van Fleet for legal services alleged to have been rendered by them for the defendants.

In reference to plaintiff’s individual claim, among other things it was in effect found by the trial court that plaintiff, at the special instance and request of the defendants, and each and all of them, rendered services to them as advertising engineer of the value of $495.11, and advanced and paid out for the account of said defendants, and each and all of them, $1,086.40 for newspaper advertising, photographs, printing and incidental expenses, which amount of $1,086.40 the…