Swallow

This is an action to recover an attorney’s fee. Judgment was rendered in favor of defendant Soteras and against defendant Francisco. The latter appeals.

The sole point presented by appellant is that the findings of the trial court are not responsive to the issues framed by the pleadings. The complaint alleged that at all times mentioned in it respondent was a duly licensed, qualified and practicing attorney at law in the state; that within two years last past, he, at the special instance and request of defendants performed certain legal services for which they promised and agreed to pay him the reasonable value thereof on demand; that the reasonable value of the services was the sum of $500, and that he has demanded of defendants the payment of the amount, but that they have wholly failed and refused, and still fail and refuse, to pay the same or any part thereof except the sum of $45.90. Judgment was prayed for $454.10. The defendants answered separately. In the answer of appellant it is denied that respondent, at the instance and request of appellant, or otherwise or at all, performed any legal services for appellant, or for his use or benefit; that appellant ever agreed to pay…