Withers

This is an action on an account stated. The only question is whether the evidence is sufficient to support the findings and judgment that the parties had agreed upon a specific sum that would constitute the debt owed by defendants to plaintiff’s assignor (hereafter referred to as plaintiff) , and that defendants had expressly or impliedly promised to pay the same.

Prior to January 14, 1958, plaintiff had represented defendants in various legal matters and had expended various sums of money on behalf of defendants so that a debt arose which remained largely unpaid. Statements were sent from time to time and there were oral and written communications in which attempts were made to agree upon an amount and how and when payments were to be made. A complaint was filed on August 18, 1958, alleging five causes of action including one upon an account stated. The action was tried on the first amended complaint which also contained a cause of action on an account stated, It was agreed at the trial that *141 this theory would be tried first. Plaintiff prevailed and dismissed his other causes of action.

An account stated amounts to an agreement between the parties that a certain sum shall…