Court: |
Supreme Court of California |
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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. |
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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? |
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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. |
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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. |
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Dicta: |
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