Vanasse v. Reid
Vanasse v. Reid
Opinion of the Court
Without the aid of the brief of counsel for respondent we would not be able to discover the precise ground upon which the judgment in this case was rendered. It was expressly found by the court that respondent was not deceived in any way by his attorney and his consent to the transfer of the land thereby obtained. It is also found that respondent obtained substantially the full value of his interest in the land and much more than could have been obtained independent of the transaction complained of. It is further found that a full disclosure of all the facts was made to respondent, except as to the amount the land was to, cost appellant, and that he consented to remain in ignorance of that fact and expressly agreed that Mr. Reid might obtain the land for appellant as cheaply as he could on the one condition that all the claims of Cypreansen against him should be extinguished. It is said in the findings that Mr. Reid did more than his full duty to his client as to protecting his rights, with which we perfectly agree, except in agreeing with Cypreansen that the consideration for the land, as between the latter and respondent, by the latter’s consent, should not be disclosed to him. That circumstance, it is said, incapacitated Mr. Reid from properly serving his client, because it prevented him from making a full disclosure. Fo reason is perceived why it should be said there was any wrong in that. Reid was free to state fully the
• In this case there was the utmost good faith on the part of Mr. Reid. There was no undue influence exercised-by him over his client. The latter obtained a fair value for his prqperty, and, as has been said, more than could have been obtained but for the transaction in question. The client acted with full knowledge of all the facts material for him to know. He did not know the amount defendant was to pay for his land, but he knew that it was a part of the transaction that such fact was to be kept setíret from him, and consented to it for the very purpose of securing an extin-guishment of Cypreansen’s claims against him. He received disinterested advice on all legal questions and full knowledge of all facts that were material for him to know in order to determine what action to take on the business feature of the matter, and also the benefit of the best efforts of his attorney to promote his interest as to such feature. That satisfies every test of the validity of the transaction which rules of law or of equity require.
By the Oourt.— The judgment of the circuit court is reversed, and the cause remanded with directions to render judgment in favor of defendant.
Reference
- Cited By
- 500 cases
- Status
- and caused the title thereof to be conveyed to her by deed from each of the parties to the contract. As' a part of the transaction and without other consideration than that named
- Syllabus
- Attorney and client: Contracts: Burden of proving fairness. 1. The relationship between attorney and client does not render the former incapable of contracting with the latter in respect to the subject matter of the employment, or with the latter’s adversary, where a suit is pending between him and the client, though such dealings are regarded by courts with suspicion and are not sustained against the will of the client if his interests have been thereby sacrificed in any respect. .2. If an attorney deals with his olient or with a person opposed to such client in respect to the subject matter of the attorney’s employment, and such attorney’s conduct in so dealing is called in question by his employer, the burden is on such attorney to show that the transaction was in no way to the disadvantage of his client, that his conduct was open and honest, that he fully informed his ■ client of all the facts material for him to know, and that he left nothing undone which he could reasonably have done to promote such client’s interests. [Syllabus by MARSHALL, J.]