Brightly v. McAleer

Citations

• 3 Pa. Super. 442
• 1897 Pa. Super. LEXIS 39

Syllabus

<p>Practice, C. P. — Affidavit of defense — Sufficiency.</p> <p>An affidavit is in proper form which, averring defense to an alleged contract, instead of denying in general terms the existence of such contract, states the facts and leaves the court to judge of their legal effect. Such method avoids the fault so frequently condemned of merely swearing to a conclusion of law and does not disclose the other error of loading down the affidavit with mere recitals of evidence.</p> <p>Attorney at law — Contingent fee — Discharge of counsel — Measure of compensation.</p> <p>An agreement to conduct an application for a license on a contingent fee upon which plaintiff undertook the case but afterward solicited and received $100 on account and demanded additional moneys does not present a condition where the discharge of counsel had-passed beyond defendants control. The most that counsel could recover was reasonable compensation rendered prior to the time when he was discharged.</p> <p>• Contract — Denial of compromise agreement — Question for jury.</p> <p>. . Where the cause turns upon the question as to whether a compromise agreement in settlement of a disputed claim had been formulated and conducted to a meeting of minds so as to be equally binding upon both parties and the facts alleged by the affidavit negatived such conclusion, the defendant was entitled to have the case submitted to a jury.</p> <p>Contract — Consideration—Compromise of disputed claim.</p> <p>A contract made in compromise and settlement of a disputed claim is binding.</p>