Theisen

This is an action to recover a certain sum of money alleged to be due plaintiff on account of services performed for the benefit of the defendant and at her instance and request. The complaint is in two counts. The first count alleges the execution of a contract under which the services were performed and which contract expressly provided the amount and terms of compensation. The second count is on a quantum meruit. After trial judgment went for the defendant, the lower court finding as to the first count that the contract between the parties was against public policy and unenforceable and as to the second count that the plaintiff had been paid in full for all services rendered. Prom this judgment plaintiff appeals.

The plaintiff is an attorney at law practicing in this state. Some time in August of 1926 the defendant was brought to his office by a relative of defendant, the said relative having had occasion to employ the plaintiff on some former occasion. The defendant, a married woman, was in the midst of marital discord; she suspected her husband of sundry indiscretions, and related to plaintiff that her husband had threatened to leave her within the month. Plaintiff’s first…