Brown v. Wall

Jordan, Judge.

This was a suit on account by an attorney to recover out-of-pocket expenses incurred by him while representing the defendant’s father in a damage suit. The defendant filed an answer in which he denied the indebtedness, and the case proceeded to trial before a jury who returned a verdict for the plaintiff. The court denied the defendant’s motion for new trial, and the exception is to that judgment. Held:

The evidence authorized the finding that the defendant orally agreed to pay the out-of-pocket expenses sued for in consideration of the plaintiff’s; undertaking to prosecute a…