[DOWNLOAD] "Martin Anderson and Bernice Boyer v." by Supreme Court of Idaho No. 12863 * eBook PDF Kindle ePub Free
eBook details
- Title: Martin Anderson and Bernice Boyer v.
- Author : Supreme Court of Idaho No. 12863
- Release Date : January 06, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This appeal concerns the right of the appellant Stoker, an attorney, to a portion of the contingent fee provided for in respondent Annest's attorney fee contract with his clients who discharged respondent without cause and retained appellant, who negotiated a settlement of the case. The district court awarded the respondent the entire contingent fee. We reverse and remand. In May of 1973 Bernice Boyer and Martin Anderson retained respondent James Annest to represent them in an action for the wrongful death of their son, Richard Anderson. Under the terms of their agreement with Mr. Annest, Annest's fee was contingent on recovery. The contract provided, inter alia, that Annest would be entitled to 40% of the total sum recovered, excluding costs, if the recovery followed an appeal. After Annest was retained the defendant in the action offered to settle for $15,000, which Annest's clients rejected. A later offer by the defendants to settle for $10,000 was also rejected by the clients. The case then proceeded to trial. During the trial the defendants offered to settle for $17,500. Plaintiffs Anderson and Boyer apparently believed that one of the defendants had insurance coverage of $100,000, and they insisted that Annest not accept any settlement less than $100,000. Annest made their position known to the defense attorney and rejected the settlement offer of $17,500.