Payne

Payne v. Bank of America National Trust & Savings Ass'n

Good Law
128 Cal. App. 2d 295·1954 Cal. App. LEXIS 1465·275 P.2d 128
Court of Appeal of CaliforniaOctober 25, 1954Civ. 20079California4,781 words

Opinion

Opinion

Fox, J.

Plaintiff appeals from an adverse judgment in an action brought to recover $12,125 for services rendered by him to defendant’s testator, Harvey Priester, including the reasonable value of the use of plaintiff’s furniture.

The complaint consisted of six counts. One count was based on an oral contract under which plaintiff claimed Priester agreed to pay him the reasonable value of services performed “in the capacity as accountant, business adviser, investment counsel, insurance adviser, director in decedent’s business, and as a nurse, protector and confidante, and in connection with the keeping and soliciting of accounts for insurance by decedent.” Another count was grounded on an unfulfilled promise of the decedent, Priester, to reimburse plaintiff for the services enumerated above, as well as for the use of certain of plaintiff’s furniture, either in “cash or by the transfer to plaintiff at the date of his death of one half of decedent’s estate. ’ ’ In two of the counts, plaintiff alleges causes of action based on the theory of a quantum meruit recovery. Plaintiff also sued on common counts for the reasonable value of his services and use of the furniture belonging to him. The…

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