Heintz

This action is prosecuted to recover for services rendered by the plaintiff as a physician and surgeon. The complaint contains two counts—the first upon an account stated, amounting to $1,200, and admitting a payment thereon of $500; and the second count alleged said services to be reasonably worth $2,500, the whole of which remained unpaid except the sum of $500. The defendant denied all the allegations of the complaint, and for a second defense alleged negligence, incompeteney and unskillfulness on the part of the plaintiff, whereby he was made sick, and kept from attending to his business, for more than six months, and compelled to pay $1,000 for nursing and medical attendance, and “.is permanently a cripple, to his damage in the sum of $3,000.” ’The same allegations are stated in a cross-complaint, in which defendant seeks to recover damages in the sum of $4,000, and to which cross-complaint the plaintiff filed an answer. The cause was tried by the court without a jury. The findings were against the plaintiff upon the first cause of action. Upon the second cause of action the court found the reasonable value of plaintiff’s services to have been $750, of which sum $500 had been…