Cowdery

This is an appeal from a judgment for defendant, an(l from an order denying plaintiff’s motion for a new trial.

■ The action was brought to recover a balance due on a mutual, » open and current account. A claim embodying an itemized statement of this account had been presented to defendant as executor of the last will of deceased, and by him rejected. At the conclusion of plaintiff’s efforts to lay before a jury evidence in support of his claim, a motion for a nonsuit was granted by the court-.

A portion of the account involved in the suit consisted in a claim for several years’ labor by plaintiff for the deceased in his lifetime. In the complaint it was alleged that the deceased, at the time the plaintiff commenced working for him, agreed to pay him what his services were reasonably worth, hut the complaint contained no allegation as to the value of the services. On the trial plaintiff endeavored to prove the value of these *365 services, but his questions to that end were objected to on the ground, among others, that they were germane to no issue in the case. This objection was sustained, whereupon the plaintiff moved the court for leave to amend the complaint so as to state…