MacE v. Spaulding

An action by an attorney to recover for professional services and moneys incidently advanced by him in connection therewith. Based upon identical facts, two causes of action were set forth, the first as upon an account stated, the second upon quantum meruit. Defendant answered in ample denial. The trial was to a jury, but before its commencement, plaintiff, on his own motion, elected to proceed on the first cause, and had judgment thereon.

The judgment is challenged variously: No case upon an account stated was made out; erroneous rulings on the admission of evidence; denial of motion for…