Friel

The trial court granted a motion for a nonsuit and this is an appeal from the judgment entered thereon.

Plaintiff presented her claim to the executor of the estate of Lucinda E'. Duffy Rawlings, deceased, which claim was in form as follows:

The claim was rejected by said executor and in due time plaintiff commenced this action. The cause was tried upon the amended complaint and the answer thereto. So far as material to this decision it is alleged in said complaint “that said Lucinda E. Duffy Rawlings in her lifetime became indebted to plaintiff upon an open book account for the reasonable value of services, work and labor performed by this plaintiff for and at the special instance and request of said Lucinda E. Duffy Rawlings.”

As a second cause of action it is alleged that “within four years last past at the County of Los Angeles, State of California, the defendant, as executor aforesaid, became indebted to this plaintiff on an open book account in the sum of Three Thousand Five Hundred Twenty-seven and 93/100 Dollars.”

Defendant by his answer denied the rendition of the services alleged or their value, and as an affirmative defense pleaded the bar of section 337 of the Code…