Webb v. Trescony

Citations

• 76 Cal. 621
• 18 P. 796
• 1888 Cal. LEXIS 950

Syllabus

<p>Appeal — Undertaking.—Where there are several appeals in the same transcript, it is the general rule that there should be an undertaking on appeal for each order or judgment appealed from, and each appeal should be cited in the undertaking; but where there is in the same transcript and notice an appeal from a judgment, with an appeal from an order denying a motion for new trial, one three-hundred-dollar undertaking is, sufficient.</p> <p>Attorney at Law — Breach op Contract for Employment—Measure of Damages. —When an attorney at law is employed to defend certain, suits at an agreed price, and is discharged from employment without cause before the suits are concluded, having fully performed the contract upon his part until discharged, the measure of damages for breach of the contract of employment is the full contract price agreed upon by the parties.</p> <p>Appeal — Presumption — Consolidation of Actions. — When there is nothing in the record upon appeal in one action to show the nature of the cause of action in another case pending between the same parties in the court below, the presumption is that the court below ruled correctly in refusing to consolidate the actions.</p> <p>Nonsuit — Partnership — Contract. — The existence of a partnership between plaintiff and another person is no ground of nonsuit, if it appears that the copartnership was not interested in the contract with defendant.</p>