Munson v. Linnick

Defendant Linnick, an attorney at law, appeals from a judgment awarding plaintiff damages in a declaratory relief action.

Plaintiff, Munson, acquired apartment houses, through foreclosure proceedings, in which a man named Singer theretofore had installed carpeting and drapes under a contract of sale with a man named Kelly. The agreed price was $8574. Kelly defaulted under the contract. Singer employed defendant on a 50 percent contingency fee basis to recover upon the contract. The evidence supports the conclusion Kelly was insolvent; Singer and defendant knew this fact; defendant demanded of…