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George A. Bosomburg, Appellant, v. Birk Brothers Brewing Company, Appellee.

ATTORNEYS AND COUNSELORS, § 145 — action for compensation, sufficiency of evidence. In action for legal services, evidence showed that plaintiff was employed to replevin certain machinery, which he did successfully and rendered statement for services, and that subsequently defendant employed plaintiff to secure an order of the bankruptcy court and file a bond so that the machinery could be removed from premises of bankrupt, such unusual services were not within the terms of the original contract, and judgment for defendant would be reversed on ground that jury was misled by a cheek indorsed by plaintiff for "balance in full," as this was for the replevin services only, and could not constitute an accord and satisfaction because there was no dispute as to amount to be paid.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed October 1, 1940.

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BOSOMBURG v. BIRK BROTHERS BREWING CO
(Oct 1, 1940)