Wight v. Rindshopf
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The complaint alleges that plaintiff is an attorney-at-law, and that defendant is indebted to him for a balance of $2,000, on account of legal services rendered defendant “ and divers other persons, upon the retention of the defendant, on account of and as per agreement with said defendant;” that defendant made an agreement with plaintiff, whereby the former “ retained and agreed to pay plaintiff the sum of $3,000, upon…
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APPEAL from the County Court of Milwaukee County. The complaint alleges that plaintiff is an attorney-at-law, and that defendant is indebted to him for a balance of $2,000, on account of legal services rendered defendant “ and divers other persons, upon the retention of the defendant, on account of and as per agreement with said defendant;” that defendant made an agreement with plaintiff, whereby the former “ retained and agreed to pay plaintiff the sum of $3,000, upon condition that said plaintiff should be retained and render certain legal and professional services for defendant and…
1Opinion of the CourtRyan, C. J.
The learned counsel for the respondent contended that the question of the invalidity of the contract, as against public policy, relied on by the appellant, is not in the case, because the answer does not raise it. And he cited some cases here and elsewhere, to sustain the position. But we do not think that they do so. They recognize the general doctrine, that when a contract, valid on its face, is impeached for fraud, the extrinsic facts going to the consideration only, must be specially pleaded. They do not hold, we know of no case which does, that when a contract is in terms contra lonos…
2Cases cited3 opinions
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
3Cited by55 opinions
- Smith v. StateCourt of Appeals of Georgia · 1947
- Reed v. JohnsonWashington Supreme Court · 1901
- Henderson v. StateSupreme Court of Florida · 1938
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- State v. CannonWisconsin Supreme Court · 1929
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