Walsh v. Board of Trustees
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action to recover for professional services. Judgment was rendered for the defendant below by Hunt, J. - Statement of the case by the justice delivering the opinion. The plaintiff brought this action to recover on quantmm meruit for professional services rendered to the defendant in trying a lawsuit. He sued for §1,000. There seems to be no dispute but that this sum was reasonable.
Read the full summary
Appeal from First Judicial District, Lewis and Clarice County. Action to recover for professional services. Judgment was rendered for the defendant below by Hunt, J. - Statement of the case by the justice delivering the opinion. The plaintiff brought this action to recover on quantmm meruit for professional services rendered to the defendant in trying a lawsuit. He sued for §1,000. There seems to be no dispute but that this sum was reasonable. The defense of the school board, however, was that they had an agreement with the plaintiff to try the lawsuit for a sum not exceeding §300. This §300,…
1Opinion of the CourtDe Witt, J.
If the plaintiff and the board had agreed that Mr. Walsh should render his services, and that the board should pay him therefor $300, this judgment must be affirmed. We think it is perfectly clear in the case that Mr. Walsh offered to help try the lawsuit mentioned for a sum not to exceed $300. Appellant argues, however, that there was no official action of the board making such a contract with him. It probably is true that the board, in session, did not officially make such-contract. The negotiations were carried on largely through the county attorney, who was the official counsel for the…
Also in this document: Concurrence.
2Cited by4 opinions
- Foster v. YoungCalifornia Supreme Court · 1916
- Thurston v. Travelers InsuranceNebraska Supreme Court · 1934
- Falloon v. MilesNebraska Supreme Court · 1918
- Wilson v. AspelundMontana Supreme Court · 1969