Linney v. Challacombe

BISHOP, J.,

pro tem.

Plaintiff recovered judgment for $750, based on the finding that he had rendered services, as an attorney, at the defendant’s special instance and request. The defendant’s sole contention, but variously expressed, on this his appeal, is that this finding is not supported by the evidence. With this contention we do not agree.

First of all, defendant insists that the agreement between himself and plaintiff was embodied in several writings, that these express the entire contract, by virtue of the provisions of section 1625 of the Civil Code and section 1856 of the

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Code of Civil Procedure, and that he has fully discharged his obligations to plaintiff as measured by these contracts. So far as his debt was measured by the writings, the evidence shows that defendant has paid plaintiff in full. The writings, however, do not evidence the complete contract. Plaintiff’s first agreement with the defendant was an oral one. By it he agreed to serve defendant as his general advisory counsel in a maze of difficulties in which defendant found himself with previous counsel and with his business associates. Litigation threatened, and it was. definitely agreed that the brunt of active court work should be borne by associate counsel, to be employed. Besides whatever fees the associate counsel would divide with him, plaintiff was to be paid by defendant whatever was reasonable. The threatened litigation befell, and Mr. Elliott, first, then Schweitzer and Hutton, were employed as special counsel. Prom two to three letters were written by each of these special counsel, in which reference was made to legal services to be rendered with respect to certain named actions, pending or to be brought (together with one matter not in litigation), and certain fees fixed for the services so definitely related. Plaintiff joined in these letters, and as to him as well as the associate counsel, defendant’s liability touching the legal services covered by the letters is measured by the letters; and is fully dischargd. But the letters neither purport to nor do they cover all the matters with respect to which plaintiff agreed to render legal services and in which the evidence shows he did render service to defendant. The situation presented is one where a term of an oral contract may be looked to as expressing an agreement of the parties, even though there be a writing, because the writing either does not incorporate all the terms of the oral contract