Pettersson v. Bornemann

1 Citing case

  1. County of Cook v. Schroeder

    205 N.E.2d 257 (Ill. App. Ct. 1965)   Cited 11 times
    In County of Cook v. Schroeder (1965), 55 Ill. App.2d 449, 462, the court held that a plaintiff, by retaining an attorney, holds out the attorney as having the authority conferred on attorneys, and defendant will be justified in dealing with that attorney until defendant receives actual notice that such authority has been revoked or limited. Furthermore, if the attorney's acts are taken without authority, the remedy is against the attorney.

    In ILP Attorneys and Counselors, section 57, page 67, it is stated: "By retaining an attorney and allowing him to appear as such on the records, a plaintiff holds him out to the defendant as having the authority conferred on such attorneys, and the defendant will be justified in dealing with him until he receives actual notice that such authority has been revoked, or is limited by the terms of his contract with his client (Howard T. Fisher Associates, Inc. v. Lincoln Village Shopping Center, Inc., 17 Ill. App.2d 418; Cameron v. Stratton, 14 Ill. App. 270), and if any of the attorney's acts are without sufficient authority as between him and his client the remedy of the client is against the attorney (Pettersson v. Bornemann, 318 Ill. App. 226; Thorne v. Thorne, 316 Ill. App. 451; Smietanka v. Myers, 311 Ill. App. 91; American Car Foundry Co. v. Industrial Commission, 335 Ill. 322; Village of Dolton v. Dolton Estate, 331 Ill. 88; Hungarian Benevolent Society v. Aid Society, 283 Ill. 99)."[9] A client always has the right to revoke the ordinary authority possessed by the attorney of record.