Rickert v. Craddock

Citations

• 98 Kan. 143
• 157 P. 401
• 1916 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note for Collection — Attorney No Authority to Compromise for Less than Amotmt Due Thereon. The burden of proof rests upon him who asserts that an attorney employed to collect or sue-upon a note had authority to compromise or settle his client’s claim for less than the ■ amount due thereon, or who seeks to establish the fact that the client ratified such compromise or settlement.</p> <p>2. Same — Insufficient Evidence to Show Attorney’s Authority to Compromise. Upon the facts stated in the opinion it is held that the trial court rightly directed a verdict for defendants, and that the evidence was not sufficient to show a ratification by the client of the action of his attorney in accepting a compromise or settlement of his claim upon a note placed in the attorney’s hands for collection.</p>