Greve

This is an appeal from a judgment against defendant, and from the order of the court denying defendant’s motion for a new trial.

The amended complaint, upon which the action was tried, contained five counts. The first and second counts set forth causes of action accruing directly to plaintiff, and no attack is made by appellant as to the sufficiency of the evidence to sustain these causes of action. The findings of the court as to the third cause of action were in favor of defendant.

The fourth count sets up a cause of action accruing originally to W. J. Kinney for the sum of $243, for services rendered to defendant by said W. J. Kinney; and in the third paragraph of said count it is alleged that said W. J. Kinney, before the commencement of the action, did sell, transfer and assign his said claim to the said H. J. Greve, and the said H. J. Greve is now the lawful owner and holder thereof, and the whole of said sum of $243 remains unpaid.

The fifth count sets up a cause of action accruing originally to A. M. Kinney for the sum of $90 for services rendered to defendant, and in the third paragraph of said count is a similar allegation as to the assignment and transfer and…