Curtis v. City of Sacramento
California Supreme Court
Appeal from an order of the Superior Court of Saci ramento County refusing a new trial. In 1876, the plaintiffs were employed by the defendant to conduct certain litigation upon a contingent fee. Being successful, they presented a claim in the sum of ten thousand dollars to the board of trustees of the defendant. On the 24th of December, 1877, their claim was rejected.
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Appeal from an order of the Superior Court of Saci ramento County refusing a new trial. In 1876, the plaintiffs were employed by the defendant to conduct certain litigation upon a contingent fee. Being successful, they presented a claim in the sum of ten thousand dollars to the board of trustees of the defendant. On the 24th of December, 1877, their claim was rejected. On the 29th of July, 1878, the plaintiffs and defendant entered into an agreement to submit the claim to arbitration. The agreement provided that the amount of the award should be allowed by the board of trustees, and entered…
1Opinion of the CourtMcKinstry, J.
1. As was said by the learned judge of the Superior Court, “this action is not upon the original verbal promise. There is no averment that the defendant promised to pay plaintiffs what their services should reasonably be worth, and that they were worth ten thousand dollars. The averment is, [that in 1878 the defendant was indebted to the plaintiffs in the sum of ten thousand dollars for professional services, and that thereafter, on the 29th of July, 1878,] the defendant promised in writing to pay to the plaintiffs the sum of ten thousand dollars within two years from the twenty-ninth day of…
2Cases cited3 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Biddel v. BrizzolaraCalifornia Supreme Court · 1880
- Chabot v. TuckerCalifornia Supreme Court · 1870
3Cited by17 opinions
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- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- Clunin v. First Federal Trust Co.California Supreme Court · 1922
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Curtiss v. Ætna Life InsuranceCalifornia Supreme Court · 1891
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