Young v. Bruere

LANGDON, P. J.

This appeal is by the defendants from a judgment against them for $1,000 in an action to recover for legal services alleged to have been rendered at the special instance and request of the defendant. This theory was abandoned later, and it is contended by respondents upon appeal that the conduct of appellants, as disclosed by the record, shows their employment of plaintiffs and their implied agreement to pay for services rendered.

The appellants, on the other hand, contend that there is no warrant in the evidence for the finding of the court that they agreed to pay plaintiffs the reasonable value of their services upon demand. This controversy about the facts presents the only problem upon appeal. The evidence, stated most strongly for the respondents, is about as follows: In the year 1922, the plaintiff was the legal representative of John C. Alstrom in Ms official capacity as administrator of the estate of his deceased son, John Bruere Alstrom, This estate was being probated in Los Angeles County and was entitled to one-half the assets of the estate of Julia Bruere, deceased, then in process of administration. The defendants in the present action, Charles O. Bruere and Charles O. Bruere, Jr., were also entitled to participate in the distribution of the property of the said estate of Julia Bruere, deceased.

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In August, 1922, certain real property belonging to the estate of Julia Bruere, deceased, was sold to Mrs. M. K. Bennett for the sum of $27,500. In the fall of 1922, plaintiff instituted proceedings upon behalf of John G. Alstrom, administrator of the estate of John Bruere Alstrom, deceased, to have the said sale of the property of the Julia Bruere estate set aside upon the ground that the consideration was inadequate. This motion was denied by the superior court and the sale confirmed. While this matter was pending defendant Charles 0. Bruere, Sr., was in communication with plaintiff and interested in the proceedings which affected his interests as well as those of Alstrom.

After the denial of this motion the Title Insurance Company communicated with plaintiff and stated that it would not pass the title to the property sold to Mrs. Bennett because more than a year had elapsed between the time of sale and the filing of an inventory in the estate. Mr. Young then had a telephone conversation with defendant Bruere, Sr., in which he told him of the report of the title company and also told him that he, Mr. Young, was going to make a motion to set aside the confirmation of the sale. Mr. Young then prepared the necessary papers for his motion and it was made in the name of John C. Alstrom, administrator of the estate of John Bruere Alstrom, deceased.