Harding v. Bell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, when one party contends that they discharged the prior obligation, “complete cancellation of the prior obligation is an essential element of [the] defense and must be pleaded by clear expression, not vague allusion”
• “An action for negligence by an attorney is not fundamentally different from other more typical actions for negligence.”
• a “demurrer admits as true all facts well pleaded and all the intendments and inferences therefrom that can reasonably be drawn”
• the plaintiff in a legal malpractice action must prove that, but for the defendant’s negligence, the outcome in the underlying case would have been different
• plaintiff in legal malpractice action “must show that he would have won the first suit as one step in order to win the second one” (citation omitted)
• court’s conclusion that complaint failed to state claim for relief “renders unnecessary any discussion of plaintiffs’ remaining assignments of error concerning * * * the statute of limitations in this type of action”

Source: CourtListener parenthetical corpus (CC0).