Huntoon

Plaintiff, a physician, cornmenced the action against E. A. Powell and Mrs. M. E. Powell, to recover the sum of $342.50, alleged to be due for services rendered to Mrs. M. E. Powell between July 13, 1921, and March 16, 1923. The defendant Mrs. M. E. Powell died before the trial and the action was dismissed as to her. The trial court found that the services were rendered at the special instance and request of Mrs. Powell, who was the mother of defendant E. A. Powell; that the entire bill amounted to $442.50; and that E. A. Powell paid $100 on account on September 15, 1921. E. A. Powell by oral promise agreed on September 1, 1921, to pay plaintiff for said services, most of which had been rendered before that date. After the trial plaintiff was permitted to file an amendment to the complaint in which it is alleged “that the defendant Mrs. M. E. Powell was at all times herein mentioned a poor person, .and unable to maintain herself by work.” The court found this allegation, which was denied by E. A. Powell, to be true.

It is the contention of plaintiff that section 206 of the Civil Code justifies the court in rendering judgment upon the oral promise of defendant since that section…