General Pipe Line Co. v. State Board of Equalization

LANGDON, J. This action was commenced June 16, 1930, to recover a balance due for services performed under a written contract. The defendant Charles Lantz, an attorney, was engaged in the trial of a case, and employed plaintiffs K. A. Miller and Herbert N. Ellis, attorneys, to assist him in the trial. The agreement was evidenced by a letter dated May 3, 1926, from Lantz to plaintiffs, reading in part as follows: "This is to advise you that I employ you as attorneys to assist me in the trial of the case of Broome v. Lantz, No. 10149 in the Superior Court of Ventura County and agree to pay you a retainer of $800.00 plus the sum of $100.00 per day for each day required to be away from your office or engaged in the said case until the close of same in the Superior Court. This employment is not to involve any additional services beyond the Superior Court; if further services are required same to be an additional contract therefor." The letter also stated: "I agree to pay all expenses incurred by you and deemed necessary for the proper preparation of said case while away from your office or incurred in connection with the trial of said case, including any witnesses and expenses you deem necessary. .. ."