Gopcevic

The appeal is from a judgment on an assigned claim in favor of plaintiff for the sum of four hun dred and eighty dollars with interest in the sum of $125.55. We may adopt the following statement of the proceedings as made by appellant:

Appellant presents three contentions, as follows: “1. That the second count or cause of action set up in the amended complaint was barred by subdivision 1 of section 339 and subdivision 2 of section 337 of the Code of Civil Procedure. 2. That the evidence is insufficient to justify the finding that Milos M. Gopcevic promised to pay to Walter H. Fearns, respondent’s assignor, the reasonable value of the professional services rendered by him. 3. That the lower court erred in granting interest from October 13, 1908, the date of filing the original complaint, upon the sum awarded to respondent as the reasonable value of the professional services rendered by respondent’s assignor.”

The first proposition is based upon the assumption that the second counts sets forth an entirely different cause of action from that contained in the original complaint, as it is not contended that when the action was brought it was barred by any statute of limitations. It…