Pichel

On August 20, 1970, plaintiff General Credit Corporation filed a complaint for money against defendants Jack Fernand Pichel, and Carolus and Diane Pichel. The complaint stated four causes of action, seeking recovery of $19,507.06. It alleged three common counts, i.e., an open book account for legal services rendered within four years prior to the filing of the complaint; an account stated, as of August 14, 1969; a debt incurred for legal services within the two years prior to the filing of the complaint; it also alleged breach of a written contract, a retainer agreement for legal services, entered into “on or about April 1, 1969.” The complaint recited provisions of the contract, which obligated the defendants to pay Mervyn Hecht, an attorney at law, a certain hourly and daily rate for his legal representation of Jack Pichel. The complaint also alleged the assignment of the Pichel claim by Hecht to plaintiff.

Defendant Jack Pichel filed an answer to the complaint denying liability on the ground that the debt sued upon had been discharged in bankruptcy on March 26, 1.969, over the objections of attorney Hecht. On February 16, 1973, defendant made a motion for summary…