Oliver v. Campbell
Supreme Court of California
273 P.2d 15 (1954)
Relevant factsFree
Campbell hired attorney Oliver (plaintiff) under a written contract to represent him in divorce proceedings for a flat $750 fee; Oliver fully represented Campbell through the end of trial, at which point Campbell, dissatisfied, discharged him, having already paid $450. Oliver argued his services were actually worth $5,000 and sued Campbell's estate (defendant) for $10,000 in quantum meruit; the trial court denied him any damages, and Oliver appealed.
IssueFree
Whether restitution damages are available to a promisor who has fully performed his part of a contract when the only consideration still owed by the promisee is a sum of money constituting a liquidated debt.