Toomy

This action was brought to recover the sum of seventeen hundred and seventy-five dollars, the reasonable value of services alleged to have been rendered at defendant’s instance and request.

The court found that in a former action brought by plaintiff against defendant it was adjudged that plaintiff did not render to defendant at the latter’s instance or request the services alleged in the complaint in that action, and that defendant was not indebted to plaintiff therefor; that the services mentioned in the complaint herein are the same services alleged in the complaint *173 in the former action. The judgment in the former action was held to be a bar to plaintiff's cause of action set up herein, and judgment was entered for defendant. From this judgment and an order denying his motion for a new trial plaintiff has appealed.

Appellant contends that the complaint in the former action was upon an account stated, or upon a new con tract, by the terms of which the defendant agreed to pay, and plaintiff agreed to accept, one thousand dollars in payment of the services alleged to have been rendered. The allegations of that complaint were substantially as follows: defendant employed…