Geibel

The appellant, an attorney and counselor at law, instituted this action for a balance alleged to be due him as attorney’s fees upon an open book account. Respondent admitted having paid the sum of $100, but denied further liability. Pursuant to trial before the court without a jury, it was found and adjudged that the defendant did not become indebted to the plaintiff in any sum for legal services, or for moneys paid out, on a book account, or otherwise, in connection with the litigation alleged, or in any other cause or proceeding. The plaintiff appealed, contending that the judgment and findings were contrary to and not supported by the evidence.

It appears that for some time prior to the commencement of the proceedings out of which this controversy arose, a firm or combination known as the Los Angeles Creamery Company, for whom appellant was the attorney, had been engaged in collecting and returning to the various milk distributing companies in Los Angeles empty bottles, crates and cans bearing the marks or brands of the respective owners. During such service, and about two months previously to the relations between the parties to this appeal, in which the alleged services were…