Lane & Bodley Co. v. Taylor
Supreme Court of Arkansas
Appeal from Clay Circuit Court; Allen N. Hughes, Judge; The court erred in giving the second instruction asked by the defendant. The question of the amount” of the fee had been agreed upon and settled by correspondence. It had become an account stated. 1 Cyc. 370; 1 Am. & Eng. Enc. Law, .430. If appellee had made a mistake by reason of having misplaced his books and papers, that would not excuse his making a different charge from that agreed upon. Pomeroy’s Eq. Jur.
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Appeal from Clay Circuit Court; Allen N. Hughes, Judge; The court erred in giving the second instruction asked by the defendant. The question of the amount” of the fee had been agreed upon and settled by correspondence. It had become an account stated. 1 Cyc. 370; 1 Am. & Eng. Enc. Law, .430. If appellee had made a mistake by reason of having misplaced his books and papers, that would not excuse his making a different charge from that agreed upon. Pomeroy’s Eq. Jur. (1 Ed.), § 856. The evidence relied on by appellant to support its objection to the instruction numbered 2 asked by the…
1Opinion of the CourtHill, C. J.
This case is a contest between an attorney and his client. The client was not satisfied with a statement of money collected and expenditures made, and refused to accept the check sent to it, and this suit resulted. The amount of collections was admitted, and the difference grew out of the amount that should be allowed as credits.
Passing all other questions and going to the heart of the case, it is found that on January 27, 1903, the appellee, Taylor, the attorney, submitted to his client a statement and transmitted a draft for $342.10 as the balance due the client after paying various items…
2Cases cited5 opinions
- Weed v. DyerSupreme Court of Arkansas · 1890
- St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
- Glasscock v. RosengrantSupreme Court of Arkansas · 1892
- Lawrence v. EllsworthSupreme Court of Arkansas · 1883
- Wilcox v. BootheSupreme Court of Arkansas · 1858
3Cited by3 opinions
- Crane v. StansburyCalifornia Supreme Court · 1916
- Parsons v. SegnoCalifornia Supreme Court · 1921
- Falcone v. ParadisoCourt of Appeals for the D.C. Circuit · 1931