Kenny

On December 20, 1954, Catherine Kenny, as assignee of Morse Erskine, Morse Erskine IT, and J. B. Tulley, lawyers and copartners, commenced an action to recover reasonable compensation for legal services rendered by them to defendants Trust Oil Company, Treasure Company, Samarkand Oil Company, and Empire Oil Company. At the first trial a judgment of nonsuit was granted in favor of defendants with the exception of defendant Trust Oil Company, for whom a favorable judgment was rendered. Plaintiff Kenny appealed from this judgment and this court in reversing the judgment for inadequacy of the findings to determine the issue of liability stated “The company [Trust] does not deny that the attorneys rendered substantial services. It only contends that they were rendered with an understanding that they were to be gratuitous. ... it will be necessary for the court to determine from the direct or indirect evidence, or both, whether the services were rendered under circumstances that imposed a duty upon defendant to pay for them.” (Kenny v. Trust Oil Co., 168 Cal.App.2d 478, 482, 486 [335 P.2d 1008J.) 1 On May 1, 1961, the case was retried without a jury pursuant to the terms of a letter…