Lavine

Plaintiff Morris Lavine appeals from a judgment in favor of defendant Muriel Davis in an action in which plaintiff sought to recover attorney fees. Another named defendant, Gary Davis, although served with summons, failed to appear or answer. It does not appear that any judgment has been entered with respect to him and he is not a party to this appeal.

*648 Plaintiff’s complaint is in three counts: (1) on an express oral contract alleging that defendants hired plaintiff “as an attorney at law to render to them and for and on their behalf legal services, for which they, the said defendants, then and there agreed to pay to plaintiff the reasonable value thereof; . . . [t]hat pursuant to said contract plaintiff rendered to, for and on behalf of defendants legal services and that the balance due for the reasonable value thereof was and is the sum of [$25,000] . . and that after demand defendants had failed and refused to pay,- (2) on an alleged open book account; and (3) on an account stated for $25,000 for legal services. Each count alleged that said legal services constituted “necessities.”

The trial court found that as to the defendant Muriel Davis all the material allegations of…