Donovan
Donovan v. Root
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff as an attorney at law commenced an action against the defendants to recover a judgment for services rendered. He pleaded his claim in the form of a common count. The defendants answered and a trial was had before the trial court sitting without a jury. The court made findings in favor of the plaintiff and from the judgment entered thereon the defendants have appealed and have brought up typewritten transcripts. The defendants make the contention that the judgment for $10,000 is excessive. That claim involves the following facts: The defendants were the owners of a large number of parcels of real estate and also of an automobile. Taking the values as estimated by the defendants said properties were of a value of over $500,000. The automobile was not paid for and under their contract they owed $1900 on it and were in default in their payments. On the parcels of real estate the defendants had executed encumbrances in such sums and on such of their properties that no one parcel was free and clear and the aggregate encumbrances on the real estate amounted to over $185,000 and each encumbrance was either past due or the defendants were in default as to their interest. On…