Miller v. Lantz

LANGDON, J.

This action was commenced June 16, 1930, to recover a balance due for services performed under a written contract. The defendant Charles Lantz, an attorney, was engaged in the trial of a case, and employed plaintiffs K. A. Miller and Herbert N. Ellis, attorneys, to assist him in the trial. The agreement was evidenced by a letter dated May 3, 1926, from Lantz to plaintiffs, reading in part as follows: “This is to advise you that I employ you as attorneys to assist me in the trial of the case of

Broome

v.

Lantz,

No. 10149 in the Superior Court of Ventura County and agree to pay you a retainer of $800.00 plus the sum of $100.00 per day for each day required to be away from your office or engaged in the said case until the close of same in the Superior Court. This employment is not to involve any additional services beyond the Superior Court; if further services are required same to be an additional contract therefor.” The letter also stated: “I agree to pay all expenses incurred by you and deemed necessary for the proper preparation of said ease while away from your office or incurred in connection with the trial of said case, including any witnesses and expenses you deem necessary. ...”

With the complaint plaintiffs filed a bill of particulars, setting forth the following important items: preparation for trial in plaintiffs’ office, 3 days: $300; trial, 6 days: $600; preparation of brief, 31 days: $3,100. Other items are stated, such as preparation of motion and affidavit for disqualifying judge, and various conferences and consultations. All were charged at the rate of $100 per day. The total amount claimed was $5,068.70, and the alleged balance due was $4,618.70. A jury trial was had, lasting for nine days, and thereafter the jury brought in a general verdict, upon which judgment was given for plaintiffs in the sum of $3,500.

[547]

During the course of the trial the defendant died, and appellants, his executors, were substituted as defendants.

The appeal was taken upon a record consisting of the judgment roll and a bill of exceptions, containing only the pleadings and a few notices and orders, and omitting entirely the evidence given at the trial, the instructions, and the evidence presented at the hearing of the motion for new trial. Accordingly it must be presumed that the evidence fully supports the verdict and judgment.