Ayres

Plaintiffs, who were attorneys at law, with offices in the city of Reno, Nevada, entered into an oral *136 contract with the defendant, wherein the defendant agreed to pay the plaintiffs $300 and costs for legal services to be performed by them provided they were able to secure for him a divorce from his wife by default. Two hundred dollars of this agreed price was paid and plaintiffs commenced the divorce action. While still acting as attorneys for the defendant the plaintiffs prepared and entered into a written contract with the defendant fixing their fees in the event of a contest. This contract called for the payment of $2,500 for their services if they succeeded in procuring a divorce and for $2,000 if unsuccessful. The wife filed a demurrer to the divorce complaint, which was promptly overruled, and immediately thereafter filed her answer, and then the defendant herein dismissed his action. Plaintiffs thereupon sued to recover the sum of $2,500 upon the written contract, $100 upon the oral contract and for costs expended by them.

The complaint was in the usual form upon an express contract—merely alleging the execution of the contracts, plaintiffs’ part performance and…

We are of the opinion that the contract herein comes within the rule announced and applied in Newman v. Freitas, 129 Cal. 283 [50 L. R. A. 548, 61 Pac. 907 ], and referred to in Parsons v. Segno, 187 Cal. 260 [ 201 Pac. 580 ], for the reason that under it the attorneys were directly and financially interested in preventing a reconciliation and in bringing about a divorce. The contingent provisions of the contract appear to have been a portion of the inducement which led to its execution and therefore cannot be deemed a severable portion thereof. The contract being void as against public policy afforded no basis lor a recovery which could have been had only upon a quantum meruit and we agree with the conclusion of the district court of appeal that, in the absence of any allegation or finding as to the reasonable value of the services rendered, the judgment of the trial court was correct. The petition for a transfer and hearing by this court is denied.

Plaintiffs, who were attorneys at law, with offices in the city of Reno, Nevada, entered into an oral *Page 136 contract with the defendant, wherein the defendant agreed to pay the plaintiffs $300 and costs for legal services to be performed by them provided they were able to secure for him a divorce from his wife by default. Two hundred dollars of this agreed price was paid and plaintiffs commenced the divorce action. While still acting as attorneys for the defendant the plaintiffs prepared and entered into a written contract with the defendant fixing their fees in the event of a contest. This contract called for the payment of $2,500 for their services if they succeeded in procuring a divorce and for $2,000 if unsuccessful. The wife filed a demurrer to the divorce complaint, which was promptly overruled, and immediately thereafter filed her answer, and then the defendant herein dismissed his action. Plaintiffs thereupon sued to recover the sum of $2,500 upon the written contract, $100 upon the oral contract and for costs expended by them. The complaint was in the usual form upon an express contract — merely alleging the execution of the contracts, plaintiffs' part…