Moore v. California Minerals Products Corp.

[835]

SHINN, P. J.

Plaintiffs, attorneys at law, brought suit against California Mineral Products Corporation for $8,594.32, balance claimed to be due for legal services rendered and costs expended at the special instance and request of defendant. The suit was on an implied contract, the services were alleged to be of the value of $8,800, $44.32 the amount of money expended, and it was acknowledged that $250 had been paid on account. The first cause of action alleged the employment of plaintiffs, described the services rendered, and alleged the value thereof. The second cause of action was in the form of a common count for services rendered and the third cause of action alleged an account stated. The corporation answered, admitting the employment of plaintiffs through one Colonel Pettrie, “one of the promoters, director and President of said defendant” and alleged that “the fee for said plaintiffs as such assistant counsel had been fixed between Colonel Pettrie and the plaintiffs at One thousand ($1,000.00) dollars.” The answer read, in part: “Defendant acknowledges the agreed fee for employment of plaintiffs to work with said Hiram McTavish, Esquire, for the sum of One thousand ($1,000.00) dollars; agree to pay the costs expended by plaintiffs of forty-four dollars and thirty-two cents ($44.32); total charge One thousand forty-four ($1,044.32) dollars and thirty-two cents.” The answer admitted an indebtedness of $594.32 and alleged defendant’s willingness to pay the same. It denied “that there is due and unpaid as alleged the sum of Eight thousand Five hundred ninety-four dollars and thirty-two cents ($8,594.32).” It admitted that plaintiffs submitted “attorneys statement of account with defendant,” but denied that an account was stated in the amount of $8,594.32.

When the action came on for trial counsel for plaintiffs made an opening statement of the services performed by plaintiffs. Mr. Mayes, counsel for defendant at the trial, in his statement admitted the services were rendered, but asserted that plaintiffs ivere employed for a fee of $1,000 and no more, $250 down and the balance upon the release of certain funds held in escrow under order of the Commissioner of Corporations. lie stated that the board of directors had not assumed any obligation for attorney’s fees in excess of $1,000 and insisted that if anything more was earned it was a debt of the promoter and not the corporation.