Bridges v. Paige

Citations

• 13 Cal. 640
• 1859 Cal. LEXIS 224

Syllabus

<p>Suit by an Attorney on a quantum valebant, for professional services. Answer denies the value of the services. Held, that the rule requiring new matter to be set up in the answer does not’apply.</p> <p>Anything which shows plaintiff has no right of recovery at all, or to the extent claimed on the case as he makes it, may be given in evidence upon an issue joined by an allegation in the complaint, and its denial in the answer.</p> <p>New matter is, where defendant seeks to introduce into the case a defense not disclosed by the pleadings—something relied on by him, but not put in issue by the plaintiff.</p> <p>Skillful, or unskillful and negligent conduct of a case, is an important inquiry in such a suit by Attorneys. Anything which shows the services were not of the value claimed, as the nature of the suit conducted, its little difficulty, small amount, little skill requisite, the absence of skill, and the like, is competent, under the issue of value.</p> <p>A trial may result successfully and yet the Attorney be guilty of negligence. His want of skill, or neglect, may put the client to great expense to redeem his blunders. And, on a quantum meruit, the value of services would be reduced.</p>