Sumner

In this action plaintiff sued for the reasonable- value of legal services alleged to have been performed for defendant at his special instance and request.

The ease was tried by a jury, which gaye a verdict in favor of plaintiff for eleven hundred dollars. Judgment followed accordingly, from which defendant appeals, presenting in lieu of a bill of exceptions a typewritten record as provided in section 953a of the Code of Civil Procedure; and in their briefs the parties have printed portions of the record upon which they rely in support of their respective contentions. Though nothing appears in the complaint or bill of particulars rendered by plaintiffs on demand of defendant to indicate such fact, it nevertheless appears from the evidence received that plaintiff’s claim for compensation is based upon services not in fact rendered to or performed for defendant, but for the latter’s wife, who, as claimed by plaintiff, was agent of the husband, and being thereunto, at the expense of defendant, expressly authorized so to do, employed plaintiff as her attorney, from whom she sought advice as to marital differences existing between herself and husband, as a result of which, after some…