Foltz v. Cogswell

Citations

• 86 Cal. 542
• 25 P. 60
• 1890 Cal. LEXIS 1064

Syllabus

<p>Attorney at Law — Assumpsit for Services — Pleading — Construction of Complaint — Implied Contract — Quantum Meruit — Evidence. — A complaint in an action to recover for services rendered as an attorney at law, which alleges that the defendant promised to fully pay the plaintiff for her professional services, “to wit, the sum of five thousand dollars,” and further alleges the performance of certain specified services, and “that all of the services rendered to defendant were, and are, reasonably worth five thousand dollars,” counts upon an implied and not upon an express contract, and evidence is admissible under it to show the reasonable value of the services.</p> <p>Id. — Efforts to Secure Passage of Legislative Act — Lobbying — Construction of Constitution. — Services rendered by an attorney in endeavoring to persuade the members of the legislature individually to act favorably upon a bill for the interest of a client, under a contract for compensation not contingent upon success, in which no dishonest, secret, or unfair means were used, do not constitute “lobbying” within the meaning of article 4, section 35, of the constitution, and are not contrary to public policy.</p> <p>Id. — Attorney’s Use of Judgment — Procuring Ineffectual Legislation. — Where the evidence shows that the legislation procured through the assistance of the plaintiff was designed to enable the defendant to obtain from the regents of the University of California a reconveyance of certain real property donated to them; that the plaintiff prepared for and submitted to the regents written arguments in relation to the property, and had made preparation and was ready to commence and prosecute an action against the regents to compel a reconveyance, — the fact that plaintiff acted, as an attorney, upon her own judgment as to what course to pursue to regain the property, and that the legislation procured turned out to be ineffectual, will not bar a recovery for the value of the services rendered,