Reardon

Reardon v. Richmond Land Co.

Good Law
1913 Cal. App. LEXIS 303·21 Cal. App. 357·131 P. 894
Court of Appeal of CaliforniaFebruary 28, 1913Civ. No. 1169.California676 words

Opinion

Lead Opinion

Lennon, J.

The plaintiff in this action sued for and

obtained judgment against the defendant in the sum of seven hundred dollars, which was found by the trial court to be the reasonable value of services rendered by the plaintiff in auditing the books of the defendant. These services were alleged to have been rendered at the special instance and request of the defendant. This allegation was also found by the trial court to be true.

In support of its appeal from the judgment and from an order denying a new trial the defendant insists that its motion for nonsuit should have been granted, and at the same time assails the sufficiency of the evidence to support the finding that the services sued for were rendered at the special instance and request of the defendant.

The plaintiff’s evidence on this phase of the case is largely circumstantial, but when considered in its entirety it is sufficient we think to warrant the inference that the plaintiff performed the services in suit with the knowledge and tacit consent of the defendant. In addition to this the record reveals some evidence which tended to show that the plaintiff was to be compensated for his services by the defendant. Although the…

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