Brown v. Welch

Weltner, Justice.

Welch sued Brown for attorney fees allegedly owed him for his representation of Brown in a land partition action.

Brown lived on his father’s farm and claimed ownership through oral gift. The father died intestate, and Brown’s siblings sought equitable partition of the land.

Welch undertook to represent Brown in his attempt to secure title to the entire tract. They agreed orally that Welch would receive “twenty-five percent (25%) of all assets and money recovered from the James N. Brown, Sr. estate.” The agreement was reduced to writing two years later.

The trial court ruled…