Nason

For services rendered as an appraiser, plaintiff alleged that defendant Granz, individually and in his representative capacity, was indebted to him in the sum of $15,000. The indebtedness was pleaded by use of the common counts. The court found in plaintiff’s favor as to count one of the complaint (alleging an open-book account) and against Granz as administrator of his mother’s estate.

Necessary to our disposition of the issues on appeal is the following summary of background facts: Prior to her death in February of 1957, Mrs. Granz had commenced a partition suit against Minnie Joughin and other cotenants which involved property located in the Torrance area of Los Angeles County. A special administrator served until July of 1957 when defendant Granz qualified as general administrator. In October of 1957 he sought and secured an order in probate authorizing him to continue the prosecution of the above partition action and, in that connection, to incur all reasonable expenses including attorneys’ fees (in an amount to be thereafter fixed by the court) and any other expenses necessary to the proper prosecution of the action.

In April of 1957, prior to his appointment as…