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indebitatus assumpsit is maintainable: Dermott v. Jones, 23 How. U. S. 220. The services must have been rendered in pursuance of an agreement, express or implied, that they were to be paid for: 12 Barb. 473; 5 Cow. 531; 3 N. Y. 312.

15. Quantum Meruit.-The complaint alleging no special contract, plaintiff can recover only what his services are worth: Crole v. Thomas, 19 Mo. 70. In an action on a quantum meruit, for services rendered, excuses for not performing the contract need not be set up: Wolfe v. Howes, 20 N. Y. 197. The complaint in an action against a guardian, to recover from his ward's estate for services rendered them, must allege that the employment of the plaintiff was a reasonable and proper expense incurred by the guardian: Caldwell v. Young, 21 Tex. 800.

16. Services of Wife.-Proof that the plaintiff was wife of one of the parties defendant, defeats the implication of a contract as on a quantum meruit: Angulo v. Suñol, 14 Cal. 402.

17. Subsequent Promise. Where a promise to pay is made subsequent to the completion of the services, it must be shown that the services were rendered at the defendant's request: Bartholomew v. Jackson, 20 Johns. 28; Frear v. Hardenbergh, 5 Id. 272; Parker v. Crane, 6 Wend. 647; see, also, 1 Smith's Lead. Cas. H. & W. Notes, 222; see, also, Hewitt v. Bronson, 5 Daly (N. Y.) 1.

[TITLE.]

No. 164.

iii. By Carriers, for Freight.

The plaintiff complains, and alleges:
I. That on the ...... day of ...

.........

187., he transto

ported [in his wagon] thirty tons of coal, from

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for the defendant, and at his request.

II. That defendant promised to pay plaintiff the sum of dollars per ton, as freight thereon [or that such transportation was reasonably worth ...... dollars]. III. That defendant has not paid the same.

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II. That defendant promised to pay plaintiff . . . . . . dollars therefor [or that the said passage was reasonably worth dollars].

III. That defendant has not paid the same.

[Demand of Judgment.]

[TITLE.]

No. 166.

v. By Parent, for Services of Minor Son.

The plaintiff complains, and alleges:

I. That one A. B. rendered services [as clerk] to the defendant, at his request, in his store at

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6........

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from the

day of...

II. That such services were reasonably worth dollars [or allege price agreed, as in preceding forms].

III. That the said A. B. was then, and is now, under twenty-one years of age, and the minor child of this plaintiff. IV. That the defendant has not paid the same.

[Demand of Judgment.]

18. Interest of Parent.-Legal interest vests in a parent for the work, labor and services of his child, where there is no express agreement: Shute v. Dorr, 5 Wend. 204. But under an express agreement, or where circumstances warrant the conclusion that it was understood that the child might receive his earnings, payment to such child will be good: Id.; 2 Mass. 115; 8 Cow. 84. So, where the father gives his implied consent: Whiting v. Earle, 3 Pick. 201; see 7 Cow. 92; 3 Greenl. 77; 12 Pick. 115. So, the father in the above instances cannot sue for such services, even though he give notice not to pay said son his wages: Morse v. Welton, 6 Conn. 547; U. S. v. Mertz, 2 Watts. 406; Gale v. Parrott, 1 N. H. 28; Eubanks v. Peak, 2 Bailey, 497; Chase v. Smith, 5 Vt. 556. A father cannot sue in his own name for money due his minor son, in consideration of his enlistment under a contract made with the father's consent: Mears v. Bickford, 55 Me. 528; see, also, Simpson v. Buck, 5 Lans. (N. Y.) 337.

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he furnished the paint, and painted defendant's house, at

his request.

II. That defendant promised to pay him

dollars therefor.

III. That he has not paid the same [or that no part of the same has been paid, except, etc.]

[Demand of Judgment.]

19. Cause of Action.-In an action for services and materials furnished, where both items go to constitute a single cause of action, it must be made so to appear in the complaint.

20. Demand.—Bringing the action is sufficient demand: Feeter v. Heath, 11 Wend. 479.

No. 168.

vii. By an Attorney for Services and Disbursements.

[TITLE.]

The plaintiff complains, and alleges:

...,

I. That defendant is indebted to the plaintiff on an account, in the sum of .... ... dollars, for services as the attorney of the defendant, rendered upon his retainer, between the day of 187., and the ...... day of..., 187., in prosecuting and defending certain suits; and for like services at his request, in drawing and engrossing various instruments in writing, and in counselling and advising the defendant, and for attendance in and about the business of said defendant, at his request; and for money paid out and expended by this plaintiff for the defendant, at his request, in and about said suits and, business.

II. That the defendant has not paid the same.

[Demand of Judgment.]

21. Contingent Counsel Fees, when Suit Compromised.—An instruction in a suit on a quantum meruit, to recover counsel fees, that "if plaintiffs' fee was to be contingent on success, and defendant settled the suit without plaintiffs' consent, plaintiffs could recover what their services were worth," does not incorrectly state the law: Quint v. Ophir S. M. Co., 4 Nev. 304.

22. Counsel Fees, what to be Taken into Account.-To ascertain what may be a reasonable compensation for services rendered by an attorney, the amount involved and the character of the business transacted by him must be taken into account, and the time employed; not the time immedi ately devoted to the business alone, but the time which he must lose from other business in attending to it: Quint v. Ophir S. M. Co., 4 Nev. 304.

23. Counsel Fees, Traveling Expenses, and Time Lost.-An instruction to the jury in a suit to recover counsel fees, that "if plaintiffs were employed by defendant to come from San Francisco to Virginia City, or from San Francisco to Aurora, and there was no special agreement as to the amount to be paid, they can only recover the value of the services rendered at the place where they were rendered, with the addition of reasonable traveling expenses; and if the traveling expenses were paid by defendant, then they cannot be recovered by plaintiffs:" Held, clearly erroneous, and properly refused: Quint v. Ophir S. M. Co., 4 Nev. 314.

24. Money and Services.-Complaint for money expended, and services performed should state, for the use and benefit of defendant, and at his instance and request. So in regard to performance of labor Huguet v. Owen, 1 Nev. 464.

25. Professional Services.-A complaint which avers substantially that the defendant was, at a certain time, indebted to the plaintiff in a certain

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sum, for professional services rendered at the special instance and request of the defendant, is sufficient, without stating in terms the value of the services, or that the defendant promised to pay: Wilkins v. Stidger, 22 Cal.

232.

26. Retainer.-In an action by an attorney for his fees it is necessary to aver and prove on the trial a retainer or employment of the plaintiff as attorney in the suit or business in which his services were rendered: Hotchkiss v. Leroy, 9 Johns. 142; Burghart v. Gardner, 3 Barb. 64. It is not necessary to show a written retainer, a parol employment will suffice; or the jury may infer a retainer from acts of the client, in the progress of the suit, amounting to a recognition of the attorney, or from his undertaking to pay for the services: Harper v. Williamson, 1 McCord, 156; Owen v. Ord, 3 Carr. & P. 349; Wiggins v. Peppin, 3 Beav. 340; see, also, Allen v. Bane, 4 Id. 494.

27. Services for Third Party.-If the services were rendered as attorney of another person than the defendant, facts showing the defendant's liability therefor must be alleged: Merritt v. Millard, 5 Bosw. 645.

No. 169.

viii. For Services and Material, at a Reasonable Price. [TITLE.]

The plaintiff complains, and alleges:

I. That on the.......day of.... 187., at.

he built a house known as No....,

.street, in said

city, and furnished the materials therefor, for the defendant, at his request.

II. That the said work and materials were reasonably worth........ dollars.

III. That the defendant has not paid the same.

[Demand of Judgment.]

No. 170.

ix. By Advertising Agents, for Services and Disbursements. [TITLE.]

The plaintiff complains, and alleges:

I. That between the..... day of......, 187., and the day of......, 187., at......, the plaintiff rendered services to the defendant, at his request, in causing the defendant's advertisements of his business to be inserted in the following named newspapers and periodicals [names of newspapers].

II. That the plaintiff paid out, at the request of the defendant, for such insertions for the use of the defendant, and at his request, . . . . . . . . dollars.

III. That the defendant promised to pay said amount, together with a reasonable sum for said services.

IV. That said services were reasonably worth.. dollars.

V. That he has not paid said amounts, or either of them. [Demand of Judgment. ]

No. 171.

x. By Publisher and Proprietor, for Advertising.

[TITLE.]

The plaintiff complains, and alleges:

I. That the plaintiffs at the times hereinafter mentioned were publishers and proprietors of the daily newspaper known as the "Mountain Avalanche," published at....... in the county of. . . . . ., in this State.

II. That between the ......

the ...... day of ...

.......

... day of

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187., the plaintiff published insertions in the said newspaper, of the advertise

ments of the defendant.

III. That such services and publication were reasonably worth ... ... dollars.

IV. That the defendant has not paid the same.

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The plaintiff complains, and alleges:

I. That at the request of the defendant, he provided for, kept, and fed a horse of the defendant, from the ........ day 187., to the .... day of ........, 187..

of

.........

II. That such keeping and finding of said horse was reasonably worth ...... dollars.

III. That he has not paid the same.

[Demand of Judgment.]

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