Payne v. Davis County
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. O. W. Vermillion, Judge. This is an action on quantum meruit for the value of professional services. The defendant admits the services, but avers that they were rendered under an exprss written contract.
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Appeal from Jefferson District Court. — Hon. O. W. Vermillion, Judge. This is an action on quantum meruit for the value of professional services. The defendant admits the services, but avers that they were rendered under an exprss written contract. The plaintiff in reply admits the execution of the written contract and the performance of services thereunder, but avers that the services claimed for in the petition were “independent, distinct, and different” from the services provided for in such contract, and that such “services were not covered thereby nor included therein, and were rendered…
1Opinion of the CourtEvans, J.
The plaintiff sues as the surviving member of the firm of Payne & Sowers, and also as assignee of others who were associate counsel in the suit hereinafter referred to. Payne & Sowers was a firm of attorneys engaged in practice at Bloomfield. In 1906 they entered into the following contract with the defendant county: “This agreement witnesseth: that Davis County, Iowa, hereby employs Payne & Sowers as attorneys to assist the county attorney in commencing and prosecuting a suit against the Chicago, Rock Island & Pacific Railway Company for damages by reason of the washing out of a county…
2Cases cited2 opinions
- Moses v. Bagley & SewellSupreme Court of Georgia · 1875
- Lindsay, Salinger & Co. v. CarpenterSupreme Court of Iowa · 1894
3Cited by3 opinions
- McKee v. LynchCalifornia Court of Appeal · 1940
- Maiullo v. GenematasMichigan Court of Appeals · 1969
- Roper v. Alamosa National BankSupreme Court of Colorado · 1922