Swim

Plaintiff sued on an assigned claim for medical services alleged to have been rendered the defendant Dorothy E. Bradley. The defendants Ethel Baye Juhl and her husband, Jesse Peter Juhl, were joined on the theory that the former, who was the mother of Dorothy Bradley, promised to pay for the services rendered her daughter. The Juhls answered and went to trial before the court sitting without a jury. At the close of plaintiff’s case the court, on motion of these two defendants, granted a non-suit. The appeal is taken from this order and is presented on a transcript prepared under section 953a of the Code of Civil Procedure.

The complaint was framed on two causes of action—one for the reasonable value of the medical services rendered, the other upon an account stated. On this appeal the appellant concedes the correctness of the ruling as to the first cause of action because the employment of the physician having been made by the daughter and the alleged agreement of the mother to pay in case of the daughter’s default not having been in writing, and having been made subsequent to the employment, the mother’s contract was void because of the provisions of section 1624 of the Civil…