Cusick

This action was brought for legal services rendered by plaintiff’s assignor, as attorney at law, for defendant, at her special instance and request, between the second day of January and the twelfth day of September, 1901.

The ease was tried with a jury, and a verdict rendered for plaintiff in the sum of nine hundred dollars.

Defendant made a motion for a new trial, which was denied, and she brings this appeal from the judgment and order denying her motion.

There is sufficient evidence to sustain the verdict, and no question is made in that regard. Defendant urges certain alleged errors which occurred during the trial, of which we will notice those deemed most plausible.

The complaint alleges that the legal services were performed at the special instance and request of defendant, and that such services were reasonably worth the sum of one thousand dollars. It is claimed that the defendant’s demurrer to the complaint should have been sustained because there is no allegation that defendant agreed to pay what the services were reasonably worth. If defendant’s contention is correct, it would introduce a new departure from the long-settled rules of pleading. It is never necessary…