193 P. 565 | Mont. | 1920
delivered the opinion of the court.
Action by plaintiffs to recover of the defendants for legal services' rendered them and for money expended at their special instance and request. The services rendered were for the purpose of establishing a claim by defendant John Lambros of exemption from military service in the army of the United States under the Selective Service Act. (Chapter 15, p. 76,
The amended complaint alleges that the services were
The defendants’ brief contains several assignments of error, but only two questions are submitted for consideration: (1) "Whether the court erred in overruling defendants’ demurrer; and (2) whether the evidence is sufficient to justify the verdict.
It is contended that the complaint is fatally, defective in that it fails to allege properly that the amount claimed by plaintiffs has not been paid. This contention is disposed of by ‘the case of Sanford v. Newell, 18 Mont. 126, 44 Pac. 522, in which was considered a pleading similar to the one before us. Of it the court said: “The complaint is good as against general demurrer. It alleges the performance of certain services as attorneys for the defendants, that such services were performed at the special instance and request of the defendants, and that the services were reasonably worth $500, and that defendants have not paid the same. These are allegations of fact upon which issues could be and were made.” It is said by counsel that the allegations referred to are pregnant with
The second contention proceeds upon the theory that it
The judgment and order are affirmed.
Affirmed.