Naffziger

Action by a physician to recover the reasonable value of professional services. The complaint alleges that plaintiff at the special instance and request of defendant performed the alleged services for the benefit of defendant’s nephew. It is claimed that the work done was of the reasonable value of $1,500; that the sum of $500 had been paid on account thereof, leaving a balance of $1,000, for which sum judgment is prayed.

The answer admits that the services were rendered, but denies that they were reasonably worth the amount claimed or that they were performed at the special instance and request of defendant. As a further answer and defense defendant pleaded the statute of frauds, claiming that the action was an attempt to hold the defendant for the debt of another without a memorandum in writing. The trial court found in favor of defendant. It is plaintiff’s contention that the findings to the effect that the services were not rendered at the request of defendant, and that if any promise was made it was not in writing and was therefore invalid under subdivision 2, section 1973, of the Code of Civil Procedure are contrary to and not supported by the evidence. For a full…