Rutz

Rutz v. Obear

Good Law
15 Cal. App. 435·115 P. 67
Court of Appeal of CaliforniaFebruary 17, 1911Civ. No. 863.California1,219 words

Opinion

Lead Opinion

Allen, J.

The action was one to recover for the value of certain services rendered by plaintiff to defendants in securing a tenant for a certain hotel, and in procuring a bond from such tenant to secure the rents during the life of the lease. The complaint alleged “That within two years last past defendants became indebted to plaintiff in the sum of $1,920, for the reasonable value of services" rendered to the defendants at their special instance and request; that such services consisted of securing a tenant for the Hotel Savoy, Santa Monica, California, and a bond to secure the rents of the same”; demand and nonpayment being alleged. The de fendants answered jointly, denying the indebtedness within the two years last past, or at any other time, or at all, of either of them to plaintiff, either in the sum demanded, or in any other sum, on account of the reasonable value of services rendered. No demurrer was interposed to the complaint; nor was there any objection made at the trial to the receipt of evidence in support thereof. The parties seem to have assumed that the issues were properly presented; evidence was received, without objection, and the court finds that within two years…

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