Moshier v. Kitchell & Arnold

Citations

• 87 Ill. 18

Syllabus

<p>1. Statute or Frauds—promise to pay for another. An original undertaking to retain attorneys to attend to a suit for a third person may be implied from, circumstances, but one collateral to answer for the debt, etc., of another can not, as it must be in writing. Whether a party’s undertaking is original or merely collateral, is a question of fact for the jury.</p> <p>2. Same—when promise must be in writing. If the plaintiff in a suit employs an attorney to prosecute for him, what any third person may say or do will create no liability on his part to the attorney, without a new consideration and an express promise in writing to answer for the performance of the agreement of the party so employing the attorney.</p> <p>3. Contract—performance by other than original parties. Where a firm of attorneys is employed to render professional services, and afterwards the firm is dissolved and a new one formed, the latter can not sue and recover upon the original contract, although such firm may have succeeded to the old one and may have completed the services. The liability of the party is not shown by proving a retainer of another and different firm.</p> <p>4. Attorneys—presumption as to performance of contract after dissolution of firm. It is the duty of the several members of a law firm retained to attend to legal business to go on and complete their contract after dissolution of the partnership, without reference to having entered into new partnerships; and in the absence of proof to the contrary it will be presumed that a firm completed its contract of retainer even after dissolution.</p> <p>5. Instructions. Instructions should in a clear, concise and comprehensive manner inform the jury as to what material facts must be found, to recover, or to bar a recovery. They should never be argumentative, equivocal or unintelligible to the jury.</p> <p>6. An instruction which refers to the Statute of Frauds without explaining what its provisions are, is calculated to confuse, if