Weinberg v. Tractenberg

Citations

• 53 Pa. Super. 466
• 1913 Pa. Super. LEXIS 201

Syllabus

<p>Contract — Attorney at law — Affidavit of defense — Practice, C. P.</p> <p>In an action by an attorney at law to recover for professional services, the plaintiff alleged in his statement of claim that he was retained to represent defendant in the settlement of an estate; that at defendant’s instance and request he associated with himself other counsel;that he performed the services; that they were worth $100, and that defendant had promised to pay him a proper and reasonable fee. Defendant in her affidavit of defense denied that the plaintiff was generally retained to act for her in the estate mentioned, but alleged that his employment was for a specific purpose. She denied that he had performed the services which he had undertaken to perform, and as a consequence she had suffered loss. She also denied that she ever authorized or requested him to employ other counsel. Held, that the affidavit of defense was sufficient to prevent judgment.</p>