Billingsley v. Dutton

Root, C.

This is a suit for a balance of some $1,800 claimed to be due plaintiffs from defendant for attorney’s fees and *668for money necessarily paid out and expended for expenses and costs in attending to defendant’s litigation and business. Plaintiffs had judgment for $180, and they appeal.

1. Plaintiffs argue that the verdict is contrary to the instructions of the court, the issues and the evidence; that either they should recover the amount claimed in the petition or defendant should have recovered costs. The testimony is conflicting. According to plaintiffs a contract Avas made betAveen the…