Hemenover

This is an action upon an account stated. Trial was had by the court sitting with a jury' and pursuant to the directions of the trial judge the jury returned its verdict in favor of the plaintiff and judgment being entered thereon the defendant prosecutes this appeal.

The plaintiff is the assignee of one F. H. Dam, an attorney at law of the California bar. The complaint alleges that on November 1, 1926, an account was stated between F. IT. Dam and the defendant and upon such statement there was a balance due said Dam in the sum of $6,690. That on the said date defendant agreed to pay the said amount and has failed to do so. This, with an allegation of the assignment, duly proved and not material here, constitutes the allegations of the complaint. Defendant by answer denies that on the date alleged in the complaint or at any other time or date an account was stated be tween defendant and Dam or that upon such statement any amount was found due or owing to Dam. Denies that on the date named or at any other time defendant agreed to pay Dam the amount alleged or any other sum. Denies that anything is due or ever was due or owing or unpaid to plaintiff or to Dam. Upon these pleadings…