Wakeman

Wakeman v. Green

Good Law
1929 Cal. App. LEXIS 608·98 Cal. App. 50·276 P. 387
Court of Appeal of CaliforniaApril 1, 1929Docket No. 5987.California783 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff is the widow of Ernest H. Wakeman. He was an attorney at law and as such conducted certain litigation for the defendant. After the death of her husband the plaintiff, as executrix of his will, made a demand for the balance owing to her husband for services rendered and upon the defendant’s refusal to pay she commenced this action. Her complaint was framed in two counts—one asking for the agreed value of the- services and the other count asking for the reasonable value of the services. The defendant appeared and filed a demurrer. The demurrer was overruled and the defendant answered. A trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff and the defendant has appealed under section 953a of the Code of Civil Procedure.

The defendant claims that the evidence is insufficient to justify the finding of the court that the deceased rendered the services alleged in the complaint and that such services were of the reasonable value of $2,000. The evidence was all one way on the subject of the rendition of services and there was an abundance of evidence supporting the finding as to the value of those services.

In…

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