O'Donnell v. Breck

Citations

• 7 Pa. Super. 24
• 1898 Pa. Super. LEXIS 224

Syllabus

<p>Attorney at law — Fiduciary relation of attorney and client.</p> <p>The principles governing the fiduciary relation extend to every possible case in which there is confidence reposed on the one side and the resulting superiority and influence on the other. The relation, and the duties involved in it, need not be legal; it may be moral, social, domestic or merely personal. In all dealings with a client, the highest degree of fairness and good faith is required of an attorney; the courts view all such transactions with suspicion and examine them with the utmost scrutiny. No trust shall be violated, no confidence misapplied is the stern order of the law.</p> <p>Attorney and client — Settlement of dispute — Question for jury.</p> <p>An attorney learning from A that she would be willing to pay $16,000 for a property, secured an option on it for $14,500 and sold if to her for $16,000. A, learning of this fact, repudiated the deal and brought suit to recover the money paid on account. The evidence was conflicting as to the existence of the relationship of attorney and client. Held, that this question was properly left to the jury, as also whether a settlement had been made after due consideration of the matters in dispute between the parties.</p> <p>Attorney and client — Scrutiny of court — Degree of fairness exacted.</p> <p>In all dealings with a client, the highest degree of fairness and good faith are required, and where the question turns on the existence of this relationship or merely the relationship of vendor and vendee and where such question is seriously controverted, it is properly for the jury.</p>