Argue

Plaintiff, assignee of a copartnership, filed his complaint on August 14, 1928, stating two causes of action against defendant corporation and others, the first for an indebtedness of $1,000 on an open book account for legal services rendered by plaintiff’s assignor, and the second an account stated for the same services and amount. The defendant Monte Regio Corporation filed its answer and the case was tried against such defendant alone on the issues raised by said complaint and answer. The second cause of action was expressly abandoned by plaintiff during the course of the trial. The case was tried before a jury, which returned a verdict in favor of plaintiff for said sum of $1,000, and from the judgment entered thereon the answering defendant has appealed.

Appellant urges (1) that there is no evidence to establish an open book account, and (2) that the court erred in its instructions to the jury. .

The hook account consisted of three items. Two items under the dates January 21 and May 8, 1926, aggregated $3.10, one representing the cost of a telegram and the other notary public fees. The third item, under date February 10, 1927, is for “services rendered in connection with…