Smith v. Lenz
Smith v. Lenz
Opinion of the Court
The plaintiff, an attorney, had in his hands for collection three several claims for three different persons against the defendants. One of these claims was in process of foreclosure. The defendants then agreed with the plaintiff to pay him $25 if he would procure for them a loan to be secured by mortgage to enable them to pay off the claims in plaintiff’s hands. The defendants testified that plaintiff was also to procure for them such reduction as he could on the claims in his hands. These claims aggregated about $1,700. In this action by the plaintiff for a balance due him from defendants the trial court directed a verdict for the plaintiff, and the defendants contend that the cause should have gone to the jury on the proposition that under the foregoing arrangement they must have as an offset to plaintiff’s demand the advantage of whatever attorney fees he received from his said three clients, because this amounted to a reduction of these claims. One of the appellants testified: “He [plaintiff]
We see nothing in this calling for a submission to the jury of this peculiar claim of the defendants to recover from the plaintiff the attorney fees earned by the latter. There is no express agreement to that effect testified to, and the jury could not infer such an agreement from any evidence appearing in this case.
By the Court — The judgment of the circuit court is affirmed.
Reference
- Full Case Name
- Smith v. Lenz and another
- Status
- Published