Gould

Gould v. Wood

Good Law
1928 Cal. LEXIS 499·205 Cal. 141·270 P. 183
Supreme Court of CaliforniaSeptember 1, 1928Docket No. S.F. 12392.California1,158 words

Opinion

Lead Opinion

Richards, J.

The plaintiff herein brought an action against the executrix of the estate of Robert E. L. Goode to recover upon a rejected claim upon an account for legal services of various sorts alleged to have been performed for and on account of the decedent during the years from 1914 to 1923, and aggregating the sum of $2,962.82, and which the plaintiff in his complaint alleges to have been an open, mutual, and current book account between plaintiff and said decedent because of the fact that during said years the plaintiff from time to time purchased merchandise from said decedent aggregating the sum of $227.51, and which, when applied as an offset to the plaintiff’s said account, left a balance due and unpaid to said plaintiff of $2,735.31. The plaintiff presented an itemized claim for this balance to the executrix of the estate of said decedent, who rejected the same, whereupon this action was commenced within the statutory period to recover judgment upon said claim. The defendant in her answer, for want of information and belief, denied the averments of the plaintiff’s complaint with reference to the performance of said legal services and existence of said account or of any balance…

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