Haddock v. Republic Productions, Inc.

WOOD, J.

Plaintiff, holding an assignment from Gordon W. Levoy, asks a judgment against defendants under an allegation that “defendants became indebted to Gordon W. Levoy for and on account of legal services rendered and

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performed by the said Gordon W. Levoy for the defendants, at the instance and request of the defendants, in the reasonable sum of $5,000.00”. The complaint contains an additional count based upon allegations of an account stated, and a third count based upon allegations of indebtedness upon an open book account. Findings and judgment went for defendants and it is the contention of plaintiff on this appeal that the evidence does not sustain the findings and that the uncontradicted evidence compels a judgment for plaintiff. It is argued on behalf of plaintiff that Mr. Levoy rendered services with the knowledge and acquiescence of defendants and that defendants accepted substantial benefits therefrom, resulting in a liability on the theory of an implied contract.

Gordon W. Levoy became attorney for Mr. and Mrs. Nat Levine in 1930 or 1931 and thereafter performed legal services for them. In June, 1935, Levoy became attorney for defendant Republic Productions, Inc., upon a monthly retainer basis, Mr. Levine being at that time vice-president and later president of Republic Productions. Mr. Levine was also president of Mascot Pictures Realty Corporation. Mr. Levoy’s employment by defendants was at the instance of Mr. Levine and was on a monthly retainer basis until his employment ceased on April 27, 1937.

A lease of certain real estate was made by Guarantee Liquidating Corporation to Mascot Pictures Realty Corporation under date of December 22, 1934, for five years containing a provision against assignment without the consent of the lessor. An agreement was made on O'ctober 12, 1935, between Mrs. Levine and Republic Productions whereby Mrs. Levine sold to the last-mentioned corporation all of the stock of the Mascot Pictures Realty Corporation and thereupon Republic Productions was placed in possession of the premises which were the subject of the lease. It was provided in the agreement that Republic Productions would pay to the Levines the purchase price of the Mascot stock in monthly instalments during the term of the lease and that if the lease should be canceled by a court judgment for any cause arising before the date of the agreement all payments by Republic Productions to the Levines would