Culver Adjustment Bureau v. Hawkins Construction Co.

JEFFERSON, J.

Plaintiff sought to recover $3,200 from defendants, alleging three counts: (1) an account stated, (2) an open book account, (3) the reasonable value of services rendered. Plaintiff recovered judgment on the third cause of action. The court found the reasonable value of the services rendered was $1,750, and judgment was entered against defendant Rae Hawkins individually, and two corporations, in the sum of $1,750. From this judgment defendants appeal.

Henry Polakow, assignor of plaintiff, testified his occupation was that of a business manager. Prior to March 1960 he had been a business manager for a motion picture

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actor at the salary of $15,000 per year. In March 1960 he entered into an oral agreement with defendant Rae Hawkins, who was president of both defendant corporations, to work as a business manager at a salary of $800 per month. There was no stock issued in defendant corporations and there were no shareholders other than defendant Hawkins. He moved into defendant Hawkins’ office on March 21, 1960, and remained there until July 15, 1960. He testified he worked with a “C.P.A.” on the books and on the construction project that Miss Hawkins and her construction company were building. He supervised the preparation of a report, and attended meetings with architects, attorneys, accountants and insurance people. He estimated that he worked approximately 40 hours per week for defendants. He further testified that he was asked to work not only for defendant Hawkins personally but also for Rae Hawkins Petroleum Co., Inc., and Rae Hawkins Construction Co. He stated he did not separate the work he did for Rae Hawkins or for Rae Hawkins Petroleum Co., Inc., or the services he performed for the Hawkins Construction Co. On May 25, 1960, he sent a bill of $500 to defendants for services rendered defendants to May 23. The statement was mailed to the three defendants named herein. He testified that, instead of demanding the full $800 due under the oral agreement, as a compromise, he asked for only $500. He testified Rae Hawkins told him on July 1, 1960, that she could not afford to pay him or keep him and it would be best if they parted friends and that he should look elsewhere for work. He testified in some detail that his duties and services were rendered at the request of Miss Hawkins and the corporations.