Legal Opinion

Cain v. Burns

California Court of Appeal

Decided March 14, 1955No. Civ. 16248PublishedCited by 11 opinions

1Opinion of the CourtBray, J.

Defendant appeals from a judgment against him in the sum of $11,029.13 and interest, on a contract for services as an investigator.

Questions Presented

1. Was the contract one for splitting attorney’s fees? 2. Must the defense of illegality be pleaded ? 3. Are the parties in pari delicto ?

Facts

Defendant filed a general denial to plaintiff’s complaint, but offered no evidence as to the facts here related. Defendant is an attorney at law. Plaintiff had experience as an insurance adjuster. The parties entered into an oral agreement under which plaintiff was to render service to defendant as a…

2Cases cited12 opinions

  1. Tracy v. . TalmageNew York Court of Appeals · 1856
  2. Norwood v. JuddCalifornia Court of Appeal · 1949
  3. Irwin v. . CurieNew York Court of Appeals · 1902
  4. Wilson v. StearnsCalifornia Court of Appeal · 1954
  5. Denning v. TaberCalifornia Court of Appeal · 1945

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Abbott Ford, Inc. v. Superior CourtCalifornia Supreme Court · 1987
  2. McIntosh v. MillsCalifornia Court of Appeal · 2004
  3. Crawford v. State Bar of CaliforniaCalifornia Supreme Court · 1960
  4. Savage v. SeedAppellate Court of Illinois · 1980
  5. Emmons, Williams, Mires & Leech v. State BarCalifornia Court of Appeal · 1970

6 more not listed; retrieve them via the Exa API.

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