De Celis v. Brunson (1879) · DecisionDepot

De Celis v. Brunson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1879 No. No. 5867Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the evidence established a prohibited relationship between the defendant and Eulogio F. de Celis, and that the lower court's findings regarding the defendant's duties were not supported by the record.

Issues

Whether the defendant was prohibited from receiving compensation or profit from the sale of property to Maclay and others due to his relationship with Eulogio F. de Celis.
Whether the lower court's findings regarding the defendant's duties were sustained by the record.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the evidence establishes the existence of relations between the defendant and Eulogio F. de Celis such as prohibited the former from receiving compensation or profit from Maclay and others upon the sale .to them”

“the findings of the Court below in respect to those relations, and the duties of defendant, are not sustained by the record.”

Synopsis

Attorney at Law—Illegal Fee.—An attorney representing one party in a negotiation will not be allowed to receive compensation from the other party.

By the Court: The evidence establishes the existence of relations between the defendant and Eulogio F. de Celis such as prohibited the former from receiving compensation or profit from Maclay and others upon the sale .to them, and the findings of the Court below in respect to those relations, and the duties of defendant, are not sustained by the record.

Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.

Mr. Chief Justice Wallace expressed no opinion in this case.

De Celis v. Brunson

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief