Bridges v. City of Sierra Madre

CONREY, P. J.

The defendant corporation is a city of the sixth class. On April 28, 1911, on motion duly adopted by the board of trustees, appellant was appointed attorney for .the city from month to month at a salary of fifty dollars per month, beginning May 1st; and thereafter acted as city attorney pursuant to that appointment. During the period of his incumbency in that office appellant performed services in behalf of the city which he claims were outside of his duties under his general employment as city attorney and for which he demands compensation in addition to the salary provided in the order by which he was appointed. The demand is for one thousand dollars and the items of service rendered had relation to negotiations and contracts for acquiring a water system for the city; assistance rendered to special counsel in an action to condemn certain water-rights and rights of way; examinations of records for purposes connected with the foregoing matters; work done relating to the issuance of municipal bonds; and sundry smaller business, including services as attorney in certain actions of minor importance. On April 9, 1913, appellant presented to the board of trustees his demand for the amount sued on herein. Prior to that time his official relation to the city as its attorney had been terminated.

At the trial it was stipulated that ordinance No. 3 of the city of Sierra Madre, approved March 28, 1907, from which we quote herein, was in force at the time of appellant’s employment as city attorney, and that no ordinance repealing said ordinance No. 3 was passed until after the services described in the complaint had been rendered; and that no

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ordinance, resolution, or motion, except those which have been mentioned, was passed or adopted by the board of trustees of defendant in relation to services to be performed by the plaintiff. It was further stipulated that the services sued upon “are claimed by plaintiff to have been performed as a result of conversations between the plaintiff and three members of defendants’ board of trustees”; but there is no evidence and there is no stipulation with respect to such conversations.

The case was submitted to the court upon the stipulation of facts without taking evidence as to the value of plaintiff’s services, upon the understanding that if the court should determine that plaintiff was entitled to judgment in his favor, further evidence would be taken as to the value of the services ; but that if the court should find that plaintiff was entitled to take nothing by his action, judgment should be entered accordingly upon the stipulation and the pleadings. Thereupon, the court rendered judgment in favor of the defendant and the plaintiff appeals therefrom.