Lady

Lady v. Ruppe

Good Law
113 Cal. App. 606·1931 Cal. App. LEXIS 1054·298 P. 859
Court of Appeal of CaliforniaApril 24, 1931Docket No. 7660.California951 words

Opinion

Lead Opinion

Ward, J.

This is an action for a balance claimed to he due for professional and legal services rendered. The complaint alleges .that defendant promised and agreed to pay the sum of $5,250, no part of which has been paid except the sum of $1250, although demand has been made therefor. Plaintiff prayed judgment in the sum of $4,000. A jury returned a verdict of $500, and plaintiff appealed. The errors or points relied upon by appellant are: “1. Inadequacy in the amount of the verdict. 2. Failure of the court to direct jury to return a verdict for plaintiff for the amount sued for with interest.”

Plaintiff had been engaged as attorney in a divorce action. He also performed some services in a “libel and slander” suit against the defendant herein, instituted by the corespondent named in the divorce action. This work consisted in the filing of a demurrer, which. was sustained, and an answer to an amended complaint. In addition, plaintiff appeared in two small justice court actions growing out of or connected indirectly with the divorce proceedings. On appeal, no point is made that the $500 verdict was inadequate to cover the services rendered in the slander ease and the justice court cases. A…

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