Moore

From a judgment for $12,825 in plaintiff’s favor in his action to recover the reasonable value of services rendered by him as an attorney, both plaintiff and defendants *334 appeal. Plaintiff contends that the award is inadequate, and defendants, claiming breach of contract by plaintiff, 1 urge that judgment should have been in their favor. We have concluded that plaintiff has established a prevailing right, and that the judgment should be reversed and the value of the services redetermined.

The contract between the parties is evidenced by writings in the form of letters. These, and other writings between the parties, appear in the margin. The first is dated May 29, 1951, and constitutes the contract by which defendants (hereinafter sometimes referred to as Fellner) employed plaintiff to represent them as attorney in certain litigation. 2 By this contract Moore was employed on a contingent fee basis to prosecute an action by Fellner against one Steinbaum for damages arising from breach of contract, and for the same contingent fee to also defend Fellner in an action brought *335 against him by one Berzon for a broker’s commission arising out of the same transaction. Moore’s…

I dissent. For the reasons stated by Mr. Presiding Justice Shinn in the opinion prepared by him for the District Court of Appeal in Moore v. Fellner, (Cal.App.) 318 P.2d 526 , I would reverse the judgment with instructions to the trial court to vacate the present judgment, make new conclusions of law, and enter judgment on the findings and conclusions in favor of defendants Fellner.

Spence, J., concurred.

The petition of defendants and appellants for a rehearing was denied June 17, 1958. Traynor, J., and Spence, J., were of the opinion that the petition should be granted.

From a judgment for $12,825 in plaintiff's favor in his action to recover the reasonable value of services rendered by him as an attorney, both plaintiff and defendants appeal. Plaintiff contends that the award is inadequate, and defendants, claiming breach of contract by plaintiff, [fn. 1] urge that judgment should have been in their favor. We have concluded that plaintiff has established a prevailing right, and that the judgment should be reversed and the value of the services redetermined.

The contract between the parties is evidenced by writings in the form of letters. These, and other writings between the parties, appear in the margin. The first is dated May 29, 1951, and constitutes the contract by which defendants (hereinafter sometimes referred to as Fellner) employed plaintiff to represent them as attorney in certain litigation. [fn. 2] By this contract Moore was employed on a contingent fee basis to prosecute an action by Fellner against one Steinbaum for damages arising from breach of contract, and for the same contingent fee to also defend Fellner in an action brought against him by one Berzon for a broker's commission arising out of the same transaction.…