Hollingsworth

The plaintiff commenced an action to recover compensation for services as an attorney at law rendered in behalf of the defendants before the Interstate Commerce Commission. The defendants appeared and an swered. The plaintiff interposed a demurrer to the answer; it was sustained, and the defendants were given permission to amend within 10 days. They did not amend, and thereafter a judgment was entered in favor of the plaintiff for $5,963.40, with interest thereon from the date of the filing of the complaint, and for costs. From that judgment the defendants have appealed and have brought up the judgment-roll.

In his complaint the plaintiff set forth his cause of action in four separate counts. In the fourth count he pleaded a written contract in Imeo verba. That portion of the contract material to a determination of the questions presented to us is as follows: “It is further agreed by and between the parties hereto that in the event that aforementioned reductions are secured, the said party of the second part shall turn over to the said party of the first part freight bills covering shipments made prior to the date on which such reductions became effective and on which freight…