74 Iowa 209 | Iowa | 1888
The cause involves less than one hundred dollars, and the appeal comes to us upon a certificate of the trial judge, which is as follows : “ Where one of the plaintiffs, who are partners in the practice of law, agreed, orally, with the defendant, that the plaintiffs would render legal services for the defendant in his personal litigation, in consideration that the defendant would use his influence in soliciting business from others for the plaintiffs, and that no charge should be made for such services, and the defendant complied with the agreement, and performed it on his part: — ■ Question. (1) Can the plaintiffs recover the value of the services rendered by them under such contract ? (2) Is the agreement supported by a sufficient consideration to sustain a defense to the action for the services so rendered? (3) Is the agreement void as against public policy?”
It is contended in behalf of the appelleesUhat the questions certified do not properly arise upon the record in the court below. It appears from the abstract of appellant that the defendant admitted the claim made by the plaintiff, but set-up a counter-claim, by which he alleged that plaintiffs and defendant entered into a contract by which the plaintiffs agreed to perform such legal services as the defendant might personally require, in consideration that defendant would aid and assist plaintiffs in securing business, and assist them in the management and conduct of cases brought or defended by said firm. And he averred that he had fully performed his contract. It will be seen that, in
The appeal will be
Dismissed.