Wednesday, December 18, 2013

Oliver v. Campbell case brief

Oliver v. Campbell case brief summary
273 P.2d 15 (1954)


CASE SYNOPSIS
Appellant challenged the order of the Superior Court of Los Angeles County (California) that held that appellant could not recover the reasonable value of his services rendered because the compensation for the services was covered by a written contract.

CASE FACTS
Appellant brought an action against respondent to recover a sum allegedly owed to him by the estate of decedent. Appellant alleged that the sum was the reasonable value of services rendered as an attorney for decedent in an action for separate maintenance. The total fee for appellant's services was set forth in a written contract with decedent and the fee was to be paid after trial. At the conclusion of the trial ,but before the signing of findings and judgment, decedent discharged appellant as his attorney. The trial court held that appellant could not recover the reasonable value of his services because compensation for those services was covered by the written contract.

DISCUSSION
On appeal, the court held that since appellant had completed performance he was entitled to compensation in the amount called for in the contract and still owed to him by decedent for performance rendered.

CONCLUSION
The court reversed the order holding that appellant could not recover the reasonable value of his services rendered, because appellant had completed performance and was entitled to compensation in the amount called for in the contract.

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