Cook

This is an appeal from a judgment of the superior court of the state of California in and for the county of Los Angeles in an action brought by the plaintiff and appellant herein against the defendant and respondent, the public administrator of Los Angeles County, duly qualified and acting as the administrator of the estate of Harry Linthecum, deceased. At the conclusion of plaintiff’s testimony the case was submitted without evidence on the part of defendant. Judgment went for defendant, findings being expressly waived.

The action is based upon two distinct classes of services alleged to have been performed by the plaintiff for the decedent. First, the sum of $1,200 for services rendered by the plaintiff for managing a hotel business, being the partnership property of the plaintiff and the deceased, for a period of two years, during which time the deceased, on account of sickness, was unable to perform any considerable part of the partnership work. Second, the sum of $1,200 for services rendered by plaintiff to deceased in nursing and caring for him during the said period of two years’ sickness; for an additional sum of $131 for the board of special nurses attendant upon the…