Watkins

This, the first of these appeals, is taken upon the judgment-roll. The appellant sued the respondent upon an account stated for $1500, based upon surgical services rendered to respondent’s minor son. The court held that the statement of an account had not been established, and found, among other facts, the following: In 1920 the respondent and Bernice Clemmer were divorced; the custody of their son, John, was awarded to Mrs. Clemmer and the respondent was ordered to pay $20 a month for the boy’s support, and later $35, which he has since paid. Mrs. Clemmer remarried and is now Mrs. Wehrli. When John was twelve he was injured in the course of his employment as a newsboy. A major operation was necessary and Mrs. Wehrli engaged the appellant, who operated on the boy in September, 1928, and later rendered her a bill for $1500, which was found to be the reasonable value of his services. Thereafter she asked Jordan L. Martinelli, a San Rafael lawyer, to telephone to respondent respecting the payment of this and several other bills arising out of the operation. When he did so, on October 29, 1928, respondent replied that he “refused to do anything until action was taken before the…