Owen

The plaintiff sues as the assignee of one Grady to recover the sum of $950, balance alleged to be due for professional services rendered by the said Grady in the prosecution of a certain action brought by the defendant against the county of Fresno. The complaint, which is unverified, alleges that the defendant expressly agreed to pay to said Grady for such services the sum of $1,000, and also alleges that the services so rendered by Grady were reasonably worth the sum of $1,000. The answer contains a general denial, and in addition sets out a separate defense in which it is alleged “that the only services rendered by said W. D. Grady were done and performed under and upon a special contract and agreement with said Grady that he, said Grady, would do and perform the service to be rendered and performed under said agreement for the sum of $50,” and that Grady was paid said sum before the alleged assignment to plaintiff. The action was tried by a jury, and the plaintiff recovered judgment in the superior court for the full amount demanded in the complaint; and from this judgment and order denying his motion for a new trial the defendant appeals.

1. Grady, the assignor of plaintiff,…