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Contracts Keyed to Burton
Oliver v. Campbell
Citation:
43 Cal. 2d 298, 273 P.2d 15Facts
Roy Campbell hired Oliver (plaintiff) to represent him in his divorce proceedings. The parties entered into a written contract for a stated fee of $750 plus other court costs and incidentals. Meanwhile, the opposing party’s attorney was to receive $9,000 for legal services to be provided during the proceedings. The divorce trial lasted 29 days. Campbell discharged Oliver after the divorce trial was completed but before the divorce was finalized. At the time of his discharge, the reasonable value of the legal services Oliver provided amounted to $5,000. Campbell died after the trial, having only paid Campbell $450. Oliver filed a claim against Campbell’s estate (defendant). Oliver alleged that Campbell became indebted to him in the sum of $10,000, the reasonable value of his legal services.
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Topic Resources
Topic Outline
DamagesTopic Refresher Course
Reliance and RestitutionTopic Charts & Notes
Remedies