Dyer v. Sutherland

Citations

• 75 Ill. 583

Syllabus

<p>1. Contract—implied contract to pay commissions. The right of one rendering services for another to have their value estimated under a quantum meruit upon the basis of commissions, can only arise out of general custom. When such a custom exists in reference to certain kinds of business, as for instance among real estate brokers, any one actually or presumptively having knowledge of it, and employing them in their business without special contract, will be presumed to have done so with reference to such custom.</p> <p>3. Same — attorney employed generally cannot cha/rge troher's commissions. Where an attorney at law has agreed to attend to all of a person’s legal business without charge, in consideration of being furnished with offices without charge, and he is called upon to bid in land for such client, which he does, and assists in leasing the same, even if the services do not strictly fall within Ms contract, he will have no right to have the value of such services estimated upon the basis of commissions.</p> <p>8. Same—evidence tearing upon question of value of services. In a suit by an attorney, to recover the value of services performed by him for the defendant, in a case where there was no implied undertaking to pay him commissions, but in which he claimed commissions, it was held error for the court on Ms cross-examination to refuse to allow an inquiry as to the value of his services by the day, as it was a proper ingredient in fixing the .measure of recovery, even if it was not the exact standard.</p> <p>4. Partner—right to release claim, of firm,. Where legal services performed by one member of a firm of attorneys at law were charged upon the firm books, and the partner performing the services recognized the claim as due the firm, by bringing suit in the firm name, it was held that the debtor had a right to settle with the other partner, and that his release was a bar to a subsequent action brought by the other in his own name.</p> <p>5. Estoppel—to deny