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Covert v. Randles

Supreme Court of Arizona

February 27, 1939

NELLIE P. COVERT, Appellant,
v.
JAMES D. RANDLES and F. RAY RISDON, Appellees

APPEAL from a judgment of the Superior Court of the County of Pima. Wm. G. Hall, Judge. Judgment affirmed.

Mr. L. J. Cox, for Appellant.

Mr. Frederic G. Nave and Mr. Henry R. Merchant, for Appellees.

OPINION

Page 489

[53 Ariz. 227] ROSS, C.J.

James D. Randles and F. Ray Risdon, members of the bar of the state of California, commenced this action against Nellie P. Covert to recover compensation for legal services claimed by them to have been rendered defendant under and by virtue of the following contract:

"March 27, 1936.

"F. Ray Risdon and Jas. D. Randles

"Gentlemen: This will be your authority to represent me in endeavoring to recover for me approximately $41,875.00 worth of bonds that have been stolen from me, or their equivalent in cash. The consideration for these services will be as follows: $250.00 cash retainer fee, and 8% of the amount recovered up to the sum of $20,000.00, and 5% of the balance recovered. This is your authority to act.

"NELLIE P. COVERT.

"We accept the foregoing contract on the terms and conditions therein specified and agree to well and truly represent Nellie P. Covert in attempting to recover the property mentioned.

"F. RAY RISDON

"JAS. D. RANDLES."

The trial was before a jury and at the conclusion of the introduction of evidence both the plaintiffs and defendant moved the court for a directed verdict. Plaintiffs' motion was granted and the jury rendered its verdict in their favor in the sum of $2,389.59, upon which judgment was duly entered. Thereafter, on motion by defendant for a new trial, the court ordered the judgment reduced by $356.25, leaving it $2,033.34. This sum was arrived at by calculating plaintiff's compensation at 8 per cent. on $20,000 and 5 per cent. on $8,667.51 worth of bonds stolen from defendant, the recovery ...


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