Chapman v. Neary

Citations

• 115 Cal. 79
• 46 P. 867
• 1896 Cal. LEXIS 974

Syllabus

<p>Action foe Attorney’s Fees— Recovery by Plaintiff — Finding for Defendant as to Part of Fee. — In an action for attorney’s fees, where plaintiff recovered a less sum than the amount claimed, the fact that the complaint averred an agreement for the sum of three thousand dollars, to be paid in three payments, each of which was agreed to be one thousand dollars, while the answer denied such agreement, and averred that the plaintiff was to have only seven hundred and fifty dollars in full for his services, a finding by the court that plaintiff’s first payment was to be only seven hundred and fifty dollars, and that additional payments of one thousand dollars each were agreed upon, is not ground for reversal, but is within the issues raised. '</p> <p>In.—Conflicting Evidence—Review upon Appeal.— Where there is a clear conflict of evidence upon the issues, and the record discloses evidence tending to support the findings, the judgment cannot be reversed for insufficiency of the evidence to sustain the findings.</p> <p>Id.—Nonsuit—Prima Facie Case.—A motion for nonsuit should be denied when the plaintiff has made out a prima facie case, and there is no material variance between the averments and the proofs.</p> <p>Id.—Evidence—Conversations in Absence of Plaintiff.—Evidence of transactions and conversations between the defendant and his attorney in the absence and without the knowledge of the plaintiff, is inadmissible against the plaintiff.</p>