Opinion
Gen. No. 41,891. (Abstract of Decision.)
Opinion filed May 14, 1942
ATTORNEYS AND COUNSELORS, 102 — burden of proof to show contract with client entered into fairly. In a suit upon a contract to recover attorney's fees, wherein the contract was attacked for fraud and duress, and a counterclaim was filed asking a return of certain notes, mortgages, and documents, and it appeared that the attorney had conducted litigation for the client and the preservation of the relation. ship of client and attorney was the impelling motive for the execution of the agreement, the agreement would not be enforced, the return of papers allowed, and any additional fees made the subject of further hearing as to extent and amount.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.
Decree reversed and cause remanded with directions. Heard in second division, first district, this court at October term, 1941.
Robert McCormick Adams and Max Murdock, for appellants;
Einar C. Howard, for appellee.
"Not to be published in full." Opinion filed May 14, 1942.