Brown

Brown v. Gow

Good Law
128 Cal. App. 671·1933 Cal. App. LEXIS 1216·18 P.2d 377
Court of Appeal of CaliforniaJanuary 13, 1933Docket No. 660.California1,461 words

Opinion

Lead Opinion

Jennings, J.

This action was originally instituted by plaintiff against J. R. Brightman to recover a balance of $3,060.50 alleged to be due for services performed by plaintiff at Brightman’s request. During the pendency of the action and prior to trial, J. R. Brightman died and the executrix of his will was substituted as the defendant in his place. The trial resulted in the rendition of a judgment in defendant’s favor from which judgment plaintiff has prosecuted this appeal.

Appellant’s supplemental complaint filed subsequent to Brightman’s death contains four counts. In the first count the sum demanded is alleged to be due on an open book account for services rendered. The second count is based upon a mutual open and current account for services rendered. The third count is upon quantum meruit for services rendered. The fourth count is based upon an express contract for services performed. In support of the allegations contained in the first and second counts of the supplemental complaint appellant offered in evidence a copy of a book of account which she testified she kept and in which she stated she had made entries showing the dates on which she had performed services for the deceased…

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