Wissburg

The plaintiff instituted suit against the defendant for the sum of $4,750 for services performed as an attorney at law. Two causes of action were contained in the complaint. First, that the agreed price of said services was $5,000, and that $250 had been paid. Second, that the services were reasonably worth the sum of $5,000, and that $250 had been paid.

The defendant’s answer denied the allegations of both counts of the complaint and set up affirmatively and by way of cross-complaint an allegation of damage to her in the sum of $25,000, by reason of the plaintiff’s failure to carry out, and his violation of, an agreement wherein plaintiff as her attorney, was authorized to effect a settlement of certain claims and demands defendant held against a third person.

The trial court awarded the plaintiff the sum of $3,230, after deducting all sums paid, as the reasonable value of plaintiff’s services, and found against the defendant on all of the allegations of her cross-complaint.

The transcript on appeal contains 708 pages, all but 33 pages of which are called a bill of exceptions. There is no attempt anywhere in this voluminous bill of exceptions to set forth any specifications of…