James v. White

CLARK, V. C. J.

This action was instituted in the district court of Osage county by the defendant in error, as plaintiff, to recover attorney fees alleged to be due plaintiff from defendant.

The petition filed alleges an oral contract between plaintiff and defendant for a contingent fee, fixing the amount thereof at 15 per cent, of the amount of recovery. The defendant answered and denied the contract. The plaintiff replied setting up his right of recovery on a quantum meruit basis. Upon the issues thus framed, the cause proceeded to trial without the question of departure from the theory of…