Schrot v. Garnett

To get his urgently supplicating client out of jail, the plaintiff attorney agreed with the client to pay certain of the latter’s child support arrearages in the sum of $250. The agreement was made on strength of the client’s promise to execute in favor of the attorney a mortgage of the client’s home premises in the sum of $350. The amount of the mortgage, per agreement, was to be made up of the payment plus a counsel fee of $100.

The attorney paid the arrearages as agreed. The client, however, having been released from custody, refused to execute the agreed form of mortgage upon tender…