Perkins v. West Coast Lumber Co.

TEMPLE, C. Plaintiff appeals upon the judgment-roll. The points presented arise upon the pleadings and the findings of the court. Plaintiff sues for services as an attorney and counselor at law. His complaint states three causes of action. In the first it is alleged that defendant contracted with him June 1, 1888, for his services, agreeing to give him $35 per month as a general retainer, and as compensation for writing letters, adjusting claims, and for advice,, and agreed to pay a reasonable compensation for services in prosecuting and defending suits; that he performed the general services until March 1, 1890, which were worth $735,‘and also performed other services during the same period in prosecuting and defending suits and drafting instruments for defendant worth $3,044.75; that he has been paid on account of such services $1,865.15. The second cause of action is for $116.20, money laid out and expended for defendant. The third count [156]is a quantum meruit to recover for services alleged to have been rendered between June 1, 1888, and April 1, 1890, worth $4,079.75, and admitting a payment on account thereof of $1,865.15. Plaintiff demands judgment for $1,981.95. The answer consists of (1) a general -denial; (2) an averment of a contract different from that alleged by plaintiff, with a plea of payment; (3) another statement of the contract between the - parties, with a claim of full performance on the part of defendant; and (4) a counterclaim for goods sold plaintiff amounting to $2,867.10, of which $1,574.60 has not been paid. Defendant demands judgment in the sum of $1,574.60. The court finds the contract as it is averred by plaintiff. It also finds the value of the services on the general retainer to be $735, and for the other services $3,228.53, and that plaintiff laid out and expended for defendant the .sum of $116.20; total, $4,079.73. It also finds that plaintiff is indebted to defendant for goods sold in the sum of $1,332.28. Plaintiff admits in his complaint payment of the sum of $1,865.15. There is no finding in regard to this matter. The court did find, however, that on the seventeenth day of April, 1888, which was prior to the employment alleged in the complaint, to which the other findings refer, plaintiff was employed by defendant in regard to its claim against one Newman, and in such employment so negligently advised the defendant in regard to the said demand that defendant lost the sum of $3,408.77, which sum it finds is justly due defendant as damages, and thereupon, as a conclusion of law, finds that defendant is entitled to judgment against the plaintiff in the sum of $661.40, for which, with costs, judgment was entered.