This section contains the nature of the case and procedural background.

Oliver (P) gave legal services to Campbell for the price of $10,000. Only $450 was ever paid. Campbell died, and P filed a claim against his estate for the unpaid legal fees. Campbell (D) the adminstratrix rejected the claim; Campbell had entered into an express written agreement for legal services for a fee of $750 and only owes $300. P represented Campbell in a divorce action that took 29 days to try. Campbell then substituted himself and fired P. P then made a claim under quantum meruit for the reasonable value of his legal services; $5,000. At a trial against the estate, the court concluded that P should take nothing; no recovery could be had for the reasonable value of the services because the compensation for those services was covered by an express contract. P appealed.

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