Oliver v. Campbell

1954

Court: Supreme Court of California

Facts: Lawyer makes an unreasonably cheap contract to represent a problem client in a divorce ($750). He gets fired just before the case is complete, and is paid only partially. Sues for the value of his services.

Posture: Initial judgment gets him nothing.

Issue: Is this a suit in quantum meruit, or a quasi contract? Basically, what should a seller recover when an apparently disadvantageous contract is breached by the buyer?

Holding: He can get the balance of the contract price

Rule: If the contract is complete, then the plaintiff is owed only the fees for which he/she contracted.

Reasoning: The degree of completion is important here. Otherwise, there's the question of opportunity costs: the effort spent performing on the contract might have been put to use elsewhere, and sold for fair market value.

Dicta: