Gage v. Billing

HALL, J.

This is an appeal from an order denying defendant’s motion for a new trial.

It is alleged in the complaint “That within two years last past the defendant became indebted to one Emil Pohli for and on account of services rendered by said Pohli to said defendant as said defendant’s attorney at law, at said defendant’s special instance and request, in the sum of $2,000, the said last-mentioned sum being the reasonable value of said services.” Plaintiff sued as assignee of Pohli. Upon demand of defendant, plaintiff furnished a bill of particulars, in which he sets out three charges or items: The first item is

for counsel and advice in regard to certain matters specified in the item, for which a charge is made of $500.

The second item is for “services of said Emil Pohli, said plaintiff’s assignor, in obtaining a proposition to purchase from said defendant, or from a corporation to be formed by said defendant, the right to all the lime deposits in and upon the San Vicente Ranch, the property of the Santa Cruz Lime Company,” for which a charge is made in the sum of $1,000.

The third item is for services in interviews with defendant and his agents, and other services set forth, for which a charge is made in the sum of $500.

Thereafter defendant filed an answer denying the indebtedness, and denying that Pohli ever rendered any services to defendant as his attorney at law, or any service at all, save under an express agreement, by the terms of which defendant agreed to pay a reasonable sum therefor if Pohli should secure a purchaser satisfactory to the defendant and at a price and upon terms satisfactory to the said defendant, for certain lands, and that said Pohli attempted to secure such purchaser, but has entirely failed therein and has not secured such purchaser for such land or any part thereof.

The ease was tried before a jury. At the trial Pohli admitted a setoff or counterclaim in the sum of $750, which de

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fendant had likewise pleaded. The jury returned a verdict for plaintiff in the sum of $1750, less the sum of $750, or a net verdict for $1,000.