McCully

The plaintiff Earl Justin McCully, an attorney at law, brought this action against his former client, Jennie C. Gano, to recover the sum of $2,581.30 for professional services alleged to have been performed by him for her under a written contract.

The cause was tried by the court without a jury and resulted in a judgment in favor of the plaintiff for the sum of $700. From this judgment the defendant Gano prosecutes this appeal.

The facts are briefly these: Defendant and appellant employed plaintiff as her attorney to effect a property settlement with her husband with whom she was having domestic trouble. The contract was reduced to writing and executed and provided that plaintiff should receive for his services a certain per cent of the value of the property finally recovered for his client.

Plaintiff entered into negotiations with defendant’s husband and his attorney and finally proeurred for his client a property settlement more favorable to her than she had previously instructed plaintiff she would accept.

A preliminary contract setting forth the terms of settlement was drawn and signed by the defendant and her husband.

In order to convey title to the various properties…