Bartlett v. Odd FelLows' Savings Bank

Citations

• 79 Cal. 218
• 21 P. 743
• 1889 Cal. LEXIS 704

Syllabus

<p>Attorney and Client — Compensation—Entire Contract—Discharge op Attorney — Measure op Damages.—An attorney who receives a salary under a general employment by a corporation which may he changed at any time may properly make a special contract with the corporation for services in a particular case; and if discharged from such case without cause, may recover the amount of money to which he would have been entitled had the defendant allowed him to complete the entire service which he had contracted to perform, with interest from the time it became due.</p> <p>Id. — Statute op Limitations. — When the compensation which an attorney is to receive is to depend for its time of payment upon the time when the corporation should obtain by judgment or compromise the payment of the claim sued upon and its amount is to be controlled by the amount so received, the cause of action for services does not accrue until the receipt of the money collected from the defendant; and no suit could he brought before that time for breach of contract in discharging the attorney from his employment.</p> <p>Id—Breach op Contract — Pleading — Allegation op Damages.—A complaint showing a breach of contract by the defendant in refusing to pay an agreed compensation to the plaintiff as attorney, who was prevented by the defendant from fully performing the contract on bis part, and alleging that a certain sum of money and interest is due under the contract, is not insufficient in not containing a specific allegation of damages, the facts being stated which in law constitute his damages and their measure.</p>