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Contracts Keyed to Templin
Oliver v. Campbell
Citation:
43 Cal.2d 298, 273 P.2d 15 (Supreme Court of California, In Bank. 1954)Facts
On December 16, 1949, plaintiff John Oliver entered into a written contract with Roy Campbell to represent him in a divorce action for a “total fee” of $750 plus $100 for costs, to be paid after trial. Oliver represented Campbell during a 29-day trial that ended in May 1950, with the court indicating its intention to grant Mrs. Campbell a divorce. While the proposed findings were under consideration, Campbell became dissatisfied with Oliver’s representation, particularly regarding proposed amendments to the findings. Campbell told Oliver that if he wouldn’t “run this case the way he wanted,” he would discharge him. Oliver acknowledged Campbell’s right to discharge him but stated he was prepared to continue and expected to be paid the reasonable value of his services. Campbell discharged Oliver on January 25, 1951, taking the case files with him. The findings in the divorce action were filed in May 1951. The trial court found that the reasonable value of Oliver’s services was $5,000, but Campbell had only paid $450 plus the $100 costs. After Campbell’s death, Oliver filed a claim against his estate for the unpaid fees, which was rejected by the administratrix.
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