Opinion
Gen. No. 40,846. (Abstract of Decision.)
Opinion filed April 8, 1940
ATTORNEYS AND COUNSELORS, § 144 — action on fee contract, admissibility of evidence. In action by attorney for professional services, where plaintiff claimed he was to receive 35 per cent of amount recovered over $25,000, if such amount had been offered defendant in settlement, otherwise 35 per cent of any amount over and above what had been offered prior to a certain date, defendant's testimony concerning telephone conversation plaintiff had with attorney for other party concerning settlement offered was admissible after plaintiff had testified concerning such conversation, and it did not vary terms set out in letter, where defendant would have testified that the other attorney stated an offer of $25,000 had been made, but he did not know whether it still stood.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. MARTIN M. GRIDLEY, presiding.
Reversed and remanded. Heard in first division, first district this court at October term, 1939.
John M. Tuohy, for appellant;
Frank J. Jacobson, for appellees.
"Not to be published in full." Opinion filed April 8, 1940.