Reeves

Reeves v. Kinney

Good Law
16 Cal. App. 156·1911 Cal. App. LEXIS 162·116 P. 309
Court of Appeal of CaliforniaMay 5, 1911Civ. No. 943.California255 words

Opinion

Lead Opinion

Shaw, J.

Action to recover for services alleged to have been rendered at the special instance and request of defendant. Judgment went for plaintiff. Defendant appeals from an order of court denying his motion for a new trial. His sole contention is that the finding of the court is not supported by the evidence.

The evidence clearly supports the finding. It tends to prove that plaintiff, while in charge of the Country Clubhouse at Ocean Park and conducting a restaurant in connection therewith, was requested by defendant to furnish to the. members of certain designated parties accustomed to gather at said club-house lunches and such refreshments as they might require, the actual cost of which should be charged to defendant, who promised and agreed to pay the same each month; that plaintiff performed the services and furnished the refreshments so requested, charging therefor actual cost; that she rendered defendant a final statement of account in the sum of $525.70, which was the actual cost to her of furnishing said lunches and refreshments, and requested him to pay the amount thereof, which he agreed to pay on the following Saturday, but failed to do so, promising it at a future date.…

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