Kling

This appeal is from a judgment for the plaintiff for attorney’s fees. The complaint set up three causes of action, the first alleging the performance by plaintiff of legal services of the reasonable value of $2,145.42, of which sum $319.75 had been paid, the second an open, mutual and current account and the third an account stated. The answer consisted of specific denials as to each cause of action, and as a separate defense “and by way of counterclaim” it set up alleged negligence on the part of respondent while acting as appellant’s attorney, claiming that by reason thereof the latter had been damaged in the amount of $2,000.

The court found that the services had been rendered and were reasonably worth $1,030 and that $304.30 of that sum had been paid, leaving a balance due of $725.67. With this finding appellant has no quarrel except that he points out an obvious error in the figures, the complaint having admitted a credit of $319.75, which would make the balance due $710.25. Respondent concedes this point. A reversal is sought by appellant for reasons which we shall discuss seriatim.

The first contention advanced has to do with the allowance of interest on the sum found…