Davis

Plaintiff, as assignee of Bert H. Franklin, sued to recover a sum of money alleged to be due from defendant for services rendered as a detective.

Judgment went for defendant, from which plaintiff appeals.

As appears from the findings, the action was based upon a written contract dated November 1, 1918, executed between Bert H. Franklin of the first part and the persons whose names are signed thereto as parties of the second part, who at the time were attorneys for defendant in an action then pending in the superior court of Maricopa County, Arizona, wherein defendant was the proponent for probate of the will of her deceased husband and as to which will a contest had been entered by a brother of deceased. The contract is as follows:

“Now, Therefore, in consideration of the premises recited and such services as party of the first part may render to Carrie Kunz Mackay, it is agreed that party of the first part shall receive as full compensation for his services aforesaid the sum of Fifteen Dollars' each day and his expenses and the expenses and salary of his assistants employed with the knowledge, consent and approval of the aforenamed counsel for party of the second part, and if…