MacINTYRE, P. J.
1. In the brief filed in this court by counsel for the plaintiff it is stated that "on the date that the demurrers of . . [the defendant] were heard, the petition of the. . [plaintiff] was, by agreement, modified to show that the defendant, as administrator, was indebted to . . [the plaintiff] in the sum of $3,575 `on quantum meruit, the deceased having agreed during the last week of his life and at numerous times prior thereto to pay a reasonable...
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