Perkins

This action is brought by an attorney at law to recover upon a special contract for professional services rendered to the defendant. Under such contract plaintiif was to be paid a monthly salary. Judgment was rendered in his favor for the sum of eighteen hundred and seventy-nine dollars, and this appeal is prosecuted from that judgment, and also from an order denying a motion for a new trial. The principal question in the case arises out of a counterclaim for damages pleaded by defendant, wherein it is claimed that the de *28 fendant was damaged in the sum of about three thousand four hundred dollars by reason of bad legal advice given it by plaintiff in certain prospective litigation wherein it was a party in interest.

The action was commenced by the plaintiff on Ajiril 24, 1890, and a counterclaim was first pleaded July 21, 1894. For the purpose of avoiding the statute of limitations, the defendant alleged that its cause of action for said damages arose out of the transactions set forth in the complaint; that at the time said advice was given defendant had no other legal adviser, and that it was agreed and understood, at the time the original contract was entered into between…