Tompkins v. Mahoney
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The following is a copy of the complaint in this action : “ The plaintiff complains of the defendant, and for cause of action herein alleges, that prior to the commencement of this suit the plaintiff rendered services to the defendant, as the attorney of and for the defendant, upon his retainers, in the prosecution and defense of divers causes, suits, arid business of and for the…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The following is a copy of the complaint in this action : “ The plaintiff complains of the defendant, and for cause of action herein alleges, that prior to the commencement of this suit the plaintiff rendered services to the defendant, as the attorney of and for the defendant, upon his retainers, in the prosecution and defense of divers causes, suits, arid business of and for the defendant, and in counselling and advising him, at his request, and for divers journeys and other attendances in and…
1Opinion of the Court
By the Court, Sawyer, J.:
This is an action to recover the value of professional services rendered by plaintiff as an attorney at law to defendant. The Court refused to give to the jury the following instruction asked by defendant: “If the jury find that there was a mutual understanding between plaintiff and defendant that only in the event of recovering to the extent of the exteripr boundaries, and finally securing those outside lands, the plaintiff was to receive as his compensation a portion of the profits, either in land or its worth, from the plaintiff, then plaintiff would not be…
2Cases cited2 opinions
- Carpentier v. GardinerCalifornia Supreme Court · 1865
- Lyle v. RollinsCalifornia Supreme Court · 1864
3Cited by6 opinions
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Wise v. HoganCalifornia Supreme Court · 1888
- O'Connell v. United Railroads of San FranciscoCalifornia Court of Appeal · 1912
- Adams v. SmithNevada Supreme Court · 1886
- Burns v. CushingCalifornia Supreme Court · 1892
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