Schnell v. Schlernitzauer

Citations

• 82 Ill. 439

Syllabus

<p>1. Retaining fee—only one properly chargeable. It is not usual for an attorney to charge more than one retaining- fee in the same case, and if he charges more than one, he will not be allowed to recover such extra charge in a suit for his services.</p> <p>2. Attorney at law—fees. A charge of fifty dollars by an attorney, for drawing and filing an appeal bond, is exorbitant; and where an attorney-recovered a judgment in a suit on an account for professional services rendered. in which account were three retainers in the same case, and a charge of fifty dollars for preparing and filing an appeal bond, the judgment will be reversed for reason that only oije retainer is allowable, and the charge for the appeal bond was unreasonable.</p> <p>3. Evidence—it is proper for party to explain Ms acts, by showing a misapprehension of facts. It is proper for a defendant, who is shown to have promised to pay the plaintiff’s bill, to testify that, at the time he made such promise, he had not discovered errors in the bill which he afterwards discovered, and the court should permit such testimony to go to the jury.</p>