Tayian

This action is founded upon a promissory note in the sum of $333 executed by appellant to one Lillian and by him assigned after maturity to the respondent.

The appellant admits the execution of the note and he makes no pretense that he has liquidated it by direct cash payments. .He claims, however, that he has certain counterclaims thereto aggregating nearly the sum due on the note. He brought a suit in the justice’s court against said Lillian on -these counterclaims and recovered therein a judgment against him in the sum of $286.50. Lillian thereupon appealed from the judgment of the justice, and it was stipulated that the two actions should be consolidated and tried as one, and that the justice’s court proceedings and judgment should be deemed and treated as a sufficient plea based upon said counterclaims.

The findings show that the sum of $338 and an attorney’s fee of $50 were due on the promissory note, and that appellant was entitled to a credit of $251 on account of his counterclaims. The court further found that all the alleged items of counterclaim were due, save and except that the reasonable value of the services of appellant in making a trip from Fresno to Modesto was…