Kimes

The plaintiff had judgment against the defendants for the principal sum of $3,000 and interest in the sum of $630, upon an action instituted to compel payment of the reasonable value of work and labor performed by the assignor of the plaintiff at the instance and request of the defendants. The complaint is in two counts, but as a nonsuit was granted as to the first count it is only necessary to consider the allegations of the second. The allegations of the second count upon which judgment was rendered read as follows:

In pursuance of this letter Franz Herding proceeded with the contemplated work and had performed, according to the testimony adduced, most of the contemplated drawings, etc., for the improvement of the property. ' While not set up in the pleadings, it would appear from the contentions of the appellants that the architectural work not being completed as soon as they had anticipated, the appellants gave notice to Franz Herding to discontinue the work. No payment being made other than the $500 mentioned in the letter bearing date of January 18, 1924, the claim of Franz Herding against the defendants was assigned to the plaintiff, and plaintiff instituted this action.…