Sexton v. Smith

The plaintiffs, Sam and Frances Sexton, filed a complaint for legal malpractice in the circuit court of Bond County against the defendant, Robert Smith. Following a bench trial, the court entered judgment in favor of the plaintiffs for $42,130. On the defendant’s appeal, the appellate court, with one judge dissenting, entered a Rule 23 order (87 Ill. 2d R. 23) affirming the trial court’s judgment. (129 Ill. App. 3d 1168.) We granted the defendant’s petition for leave to appeal (94 Ill. 2d R. 315).

Sam Sexton testified that Jeffrey Hampton visited the Sexton farm in mid-August 1976 and told him…