MacLaren

The judgment rendered in favor of plaintiff covers the amount due on two promissory notes, which were set out in the first two counts of the complaint. About these items there is no controversy. The plaintiff appeals from the judgment because the court refused to allow the demand contained in the third count of the complaint, the amount thereof being $1543.09.

The action was commenced on September 8, 1927. Count three of the complaint alleged that within four years last past the defendant became indebted to the plaintiff in said sum upon an account for certain goods, wares and merchandise sold and delivered to the defendant, and for money advanced to the defendant at her special instance and request. • By amendment the plaintiff was allowed to file a fourth cause of action upon an account stated (dated July 21, 1926), covering all the demands of the original complaint. The court found that during the month of June, 1924, the defendant became indebted to the plaintiff in said sum $1543.09, for certain work and labor and moneys furnished by plaintiff to defendant, no part of which has been paid; but also found that there never was any account between the parties and that more than…