Linney
Linney v. Challacombe
Opinion
lead Opinion
Bishop, J.
Plaintiff recovered judgment for $750, based on the finding that he had rendered services, as an attorney, at the defendant’s special instance and request. The defendant’s sole contention, but variously expressed, on this his appeal, is that this finding is not supported by the evidence. With this contention we do not agree.
First of all, defendant insists that the agreement between himself and plaintiff was embodied in several writings, that these express the entire contract, by virtue of the provisions of section 1625 of the Civil Code and section 1856 of the Code of Civil Procedure, and that he has fully discharged his obligations to plaintiff as measured by these contracts. So far as his debt was measured by the writings, the evidence shows that defendant has paid plaintiff in full. The writings, however, do not evidence the complete contract. Plaintiff’s first agreement with the defendant was an oral one. By it he agreed to serve defendant as his general advisory counsel in a maze of difficulties in which defendant found himself with previous counsel and with his business associates. Litigation threatened, and it was. definitely agreed that the brunt of active court work…