Brisacher v. Baier

YOUNG, J.,

pro tem.

Plaintiff recovered judgment in this action for $3,081.50 against the defendants Philip Baier, E. A. McCord and F. H. Smith, and Ed. L. Harper, who defaulted. The action was dismissed as to the defendant A. J. Pearce, who was not served. The cause was tried by the court sitting without a jury. The defendants Baier, M'cCord and Smith appeal.

The complaint contains two causes of action, one of which is based upon the claim of plaintiff for services alleged to have been performed by him for defendants and for money advanced for their account, and the other cause of action is based upon an assigned claim of Bobbins, Elkins & Van Fleet for legal services alleged to have been rendered by them for the defendants.

In reference to plaintiff’s individual claim, among other things it was in effect found by the trial court that plaintiff, at the special instance and request of the defendants, and each and all of them, rendered services to them as advertising engineer of the value of $495.11, and advanced and paid out for the account of said defendants, and each and all of them, $1,086.40 for newspaper advertising, photographs, printing and incidental expenses, which amount of $1,086.40 the said defendants and each of them agreed to repay to plaintiff.

As to the assigned claim, among other things, it was in effect found by the trial court that the defendants were engaged in a joint venture and promotion in obtaining a lease and option to purchase in the name of the defendant Philip Baier a certain grape juice and grape syrup factory, together with the lands upon which the same is situate, near Kingsburg, Fresno County, California, and the incorporation of a corporation under the name of Golden States Products Company, to take over said lease and option to purchase the said factory, and to purchase, operate and manage the said factory, and that Robbins, Elkins & Van Fleet, at the special instance and request of the defendants and each and all of them, rendered legal services as attorneys and counselors at law for the defendants, and each of them, in connection with obtaining said lease and option, and negotiations concerning, and the preparation of various

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drafts of said lease and option, in consulting with said defendants in reference to said lease and option, and the formation of the corporation referred to, and the incorporation and organization of said corporation, Golden States Products Company, and that said services were of the reasonable value of $1,500.