Contracts Keyed to Calamari
Oliver v. Campbell
Facts
The Plaintiff, Oliver (the "Plaintiff"), alleges that the deceased, Roy Campell ("Mr. Campbell"), owed him $10,000 and prior to his death had only paid him $450. The Plaintiff sued the Defendant, the administratrix of Mr. Campbell's estate (the "Defendant"). The Plaintiff represented Mr. Campbell in a separate maintenance action. It was eventually made a divorce action. Their agreement was evidenced by a written contract dated December 16, 1949. The parties agreed that Mr. Campbell would pay the Plaintiff "$750 plus court costs and other incidental in the sum of $100 making a total of $850." The Plaintiff was terminated prior to the end of the action (the court had indicated it was going to give Mr. Campbell's wife a divorce, but had not done so yet) and the lower court determined "[t]he reasonable value of the services was $5,000." Mr. Campbell only paid $550 to the Plaintiff, $450 in legal fees and $100 in costs. Prior to his representation being terminated, the Plaintiff told Mr. Campbell he was prepared to carry the case to conclusion. Further, the Plaintiff told Mr. Campbell he expected to "be paid the reasonable value of his services."
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