Cohen

Plaintiff, an attorney at law, sued defendants for the reasonable value of legal services alleged to have been rendered them. The defendants answered denying that they were indebted to plaintiff in the amount claimed or in any other sum, and defendant Jacob Berman, also known as Jack Bennett, filed an amended answer which, in addition to said denial, set up the further defense of the statute of frauds. Plaintiff recovered judgment and defendants appeal.

On the part of appellant Louis Berman it is contended that the contract for respondent’s employment was made with a firm of attorneys in New York and that it covered the entire service rendered by respondent; that such contract was never terminated and that respondent had no right to charge Louis Berman as the party primarily liable thereon, and that the latter’s assent to the continued employment of respondent did not constitute a novation. Appellant Jacob Berman contends that he did not make or join in the original contract of employing respondent, and that any subsequent promise made by him is within the statute of frauds and void. The court found that respond ent was employed by Louis Berman and that the promise of Jacob…