Steinhofer

The action is to recover the sum of $2,059.43, alleged to be a balance due the plaintiffs for personal services rendered and moneys expended for the appellant’s testate during her lifetime.

The plaintiff, Bertha Steinhofer, is the real or actual plaintiff in the case, her husband, Herman M. Steinhofer, being but a nominal party plaintiff, he having been joined with his wife as plaintiff because the moneys alleged to be due her from the defendant constitute community property.

The cause was tried before a jury and a verdict returned in favor of the plaintiffs for the sum of $2,024.43. Thereupon judgment was entered for. the plaintiffs in said sum. Thereafter a motion for a new trial was made by the defendant and denied by the court.

The defendant prosecutes this appeal from the judgment.

The complaint is in four counts. In the first it is alleged that the deceased, in her lifetime, became indebted to the plaintiff, Bertha Steinhofer, in the sum of $525 for board and room furnished deceased by said plaintiff for twenty-one months, at the agreed price of $25 per month. The second count is upon a quantum meruit and a quantum válébat, and therein it is alleged that the deceased…