Thomas

This is an appeal from a judgment entered on a verdict in favor of the plaintiff and against the appellants, namely: W. Huff, E. Thompson, H. A. Baker and Charles L; Chandler, administrator. The action was commenced on the second day of July, 1913, by M. A. Varney, as plaintiff. Mr. Varney died in Los Angeles on the fifteenth day of March, 1914, and afterward, on the eighteenth day of May, 1914, Floyd C. Thomas was substituted as plaintiff, the cause of action having been assigned to said Thomas.

The action was prosecuted for a balance of $3,670 alleged to be due for the reasonable value of services rendered and materials furnished to the defendants between the seventeenth day of December, 1911, and the twenty-sixth day of February, 1912, by M. A. Varney.

The complaint contains a second count alleging that the defendants agreed to pay the sum of $4,170 upon the same considerations as those set forth in the first count, of which it is alleged that five hundred dollars has been paid.

The ease was tried by a jury and resulted in a verdict of $2,810 against the appealing defendants. On the trial of the case the plaintiff offered, and the court admitted, in evidence, a purported…