Carter

This action is brought by plaintiff as assignee of a contract made by defendant with the law firm of Silent, Wade & Fitzgerald. The complaint was filed on April 14,1890, and alleges, in substancé, that defendant, on February 10,1886, employed said firm of Silent, Wade & Fitzgerald to prosecute certain libel suits then pending and to be brought against one Bell, and also a civil suit against the Los Angeles Times for libelous articles theretofore published, the defendant agreeing to pay for such services two thousand dollars, of which sum five hundred dollars was to be paid in cash, five hundred dollars in sixty days from date of the agreement, “ and the balance of one thousand dollars on the termination of said suits.” The complaint further alleges that the assignors of plaintiff fully performed said contract, and that all of the suits referred to in the agreement have been termi *477 nated, and that defendant has not paid the balance of one thousand dollars agreed to be paid on the termination thereof, and this action is brought to recover such balance.

The answer of defendant denied that plaintiff's assignors had performed the services required of them under the contract stated…