Mullan

Appeal from the judgment entered upon failure to amend after demurrer sustained to the-complaint.

The complaint is in two counts. The first count alleges the following facts: That between the twelfth day of December, 1878, and the first day of May, 1891, the-plaintiff rendered services to the defendant, at its special instance and request, as the agent of said state, in act *581 ing in its behalf in the matter of recovering certain moneys paid by the state to the United States under the provisions of a-certain act of Congress, approved August 5, 1861, entitled, “An act to-provide increased revenue from imports to pay interest upon the public debt, and for other purposes”; that the defendant promised to pay plaintiff therefor twenty per cent of all such moneys collected by him from the United States; that thereafter plaintiff collected from the United States, as such agent, and caused to be paid to said state, the sum of two hundred and sixteen thousand and three hundred and fifty-seven dollars and eighty-seven cents; that no part of said twenty per cent of said sum has been paid to plaintiff; and that said plaintiff has presented his claim for the sum due him to the state board…