Howser

The first cause of action of the complaint is for attorney’s fees of the alleged value of $2,540; the second cause of action is based upon an account stated in the same amount. Defendant filed an answer denying that there remained unpaid the sum of $2,540 and denying that he was indebted to plaintiff in any amount. He also filed a cross-complaint alleging that he paid plaintiff $5,000 as a retainer which was to be credited against plaintiff’s fees of $150 for each day spent in court in the service of defendant. It was also alleged that defendant had paid to plaintiff a total of *552 more than $7,550 to cover fees earned under the alleged per diem charge. The answer to the cross-complaint admitted the receipt of $7,550 but denied the other allegations.

The court found that plaintiff rendered services of the reasonable value of $2,540, no part of which had been paid; defendant paid plaintiff $5,000 but there was no agreement that the sum should be credited against per diem fees of $150 for days spent in court. It was found further that an account was stated between plaintiff and defendant; $2,540 was found to be due and unpaid to plaintiff; defendant agreed to pay that sum and has…