Lawler v. Dunn
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,500 for breach of contract. The case was tried before O. B. Lewis, J., who at the close of' the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,000 less $105.10. 'From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1DissentHallam, J.
The decision in Moyer v. Cantieny, 41 Minn. 242, 42 N. W. 1060, seems to me decisive of the case at bar. In that case it was held that where an attorney has a contract to conduct a client’s case he is “entitled either to be allowed to perform it, and thus to secure the agreed sum, or else to be indemnified for not being allowed to do so.” We have quite recently approved this decision. Southworth v. Rosendahl, 133 Minn. 447, 158 N. W. 717. The weight of authority is with the conclusion reached in Moyer v. Oantieny, and against that reached in Martin v. Camp, 219 N. Y. 170, 114 N. E. 46, L.R.A.…
2Cases cited8 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Bartlett v. Odd FelLows' Savings BankCalifornia Supreme Court · 1889
- Webb v. TresconyCalifornia Supreme Court · 1888
- Moyer v. CantienySupreme Court of Minnesota · 1889
- Brodie v. WatkinsSupreme Court of Arkansas · 1878
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