Legal Opinion

Mendel & Bro. v. Davies

Supreme Court of Arkansas

Decided November 15, 1885PublishedCited by 6 opinions

APPEAL from Hot Spring Circuit Court. Hon. J. B. Wood, Circuit Judge. The contract was executed, and the firm of attorneys received a benefit, a consideration, something of value, for their release and satisfaction of their disputed claim. Anything that is of benefit to one or a detriment to the other is a sufficient consideration.

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APPEAL from Hot Spring Circuit Court. Hon. J. B. Wood, Circuit Judge. The contract was executed, and the firm of attorneys received a benefit, a consideration, something of value, for their release and satisfaction of their disputed claim. Anything that is of benefit to one or a detriment to the other is a sufficient consideration. This is a case where a man who is acting as the agent of another to employ an attorney for that other, gets himself hired (so he says) to employ a firm of lawyers by an arrangement with one of the firm in consideration of his employing the services of the firm of…

1Opinion of the CourtSmith, J.

Townsend & Morphy, a firm of lawyers, had a demand against Mendel & Bro. for professional services rendered. Morphy afterwards removed from the state, and Townsend sold the account to Davies, who brought an action. Mendel & Bro. pleaded accord and satisfaction; but on a trial before the court without a jury, the finding and judgment were against them.

Contract: Illegal c o nsideration. The evidence tended strongly to show that Morphy, before leaving the state, had agreed with Mendel & Bro. to release or forgive this debt upon condition that they would place in the hands of his firm a certain…

2Cases cited1 opinion

  1. McClellan v. CunninghamTennessee Supreme Court · 1847

3Cited by6 opinions

  1. Carter v. Bradley County Road Improvement Districts 1 & 2Supreme Court of Arkansas · 1923
  2. Wood v. StewartSupreme Court of Arkansas · 1906
  3. Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
  4. Josephs v. BriantSupreme Court of Arkansas · 1913
  5. Neece v. JosephSupreme Court of Arkansas · 1910

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