Grant

This action was commenced to recover the sum of $1,925, alleged to be due for services rendered to defendant by plaintiff’s assignor by hauling oil. Defendant appeals from a judgment rendered in plaintiff’s favor and from an order denying a new trial. The com plaint contains three counts, all of them covering the same transaction. In the first of these counts, all of which are in the usual form, a cause of action for the reasonable value of the services is set forth; in the .second count plaintiff states causes of action on an open book account and on an account stated; and in the third count an express promise to pay for the hauling is set forth. The trial court found in favor of plaintiff on all of these causes of action.

Defendant now contends that at the commencement of the trial plaintiff elected to stand upon his cause of action based upon an account stated and that the evidence is insufficient to support the findings that an account was in fact stated. The record does not disclose that plaintiff made such an election. We quote from the reporter’s transcript: “Mr. Emmons: We don’t intend to elect. We have three counts. We are going to put in evidence under the amended…