OLIVER V. CAMPBELL
273 P.2d 15 (1954)
NATURE OF THE CASE: This was an appeal in an action for attorney fees. Oliver (P)
challenged an order that held that P could not recover the reasonable value of his services
rendered because the compensation for the services was covered by a written contract.
FACTS: Oliver (P) gave legal services to Campbell for the price of $10,000. Only $450 was
ever paid. Campbell died and P filed a claim against his estate for the unpaid legal fees.
Campbell (D) the adminstratrix rejected the claim; Campbell had entered into an express
written agreement for legal services for a fee of $750 and only owes $300. P represented
Campbell in a divorce action that took 29 days to try. Campbell then substituted himself and
fired P. P then made a claim under quantum meruit for the reasonable value of his legal
services; $5,000. At a trial against the estate, the court concluded that P should take
nothing; no recovery could be had for the reasonable value of the services because the
compensation for those services was covered by an express contract. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment