Abdullah

This is an appeal by the defendant from a judgment against him in favor of plaintiff, who is a minor and sues by his guardian ad litem. The plaintiff is the nephew of the defendant and this action was brought to recover $572, money had and received by the defendant, together with $4,250, the alleged reasonable value of services as a masseur, rendered by the plaintiff over a period of three and a half years at a turkish bath establishment conducted by defendant, which services were rendered at the special instance and request of the defendant.

Defendant answered, denying the indebtedness for money had and received, and denying that the reasonable value of the services rendered was the sum alleged by plaintiff, and alleging that plaintiff had been fully paid for all services rendered for defendant. The answer was later amended so as to include an allegation that at all the times mentioned in the complaint the plaintiff was a member of the defendant’s family, and the defendant bore to him the relation of a parent.

The trial court found “that it is not true that at all times mentioned in plaintiff’s complaint, or at any time at all, plaintiff was a member of defendant’s family, and…