Lane
Lane v. Storke
Opinion
Lead Opinion
Shaw, J.
The second amended complaint contains three counts, to each of which defendant interposed a demurrer. The demurrer was sustained and plaintiff electing to stand upon his complaint, the court gave judgment for defendant, • from which plaintiff appeals.
The facts disclosed by the complaint and which are applicable to each count are as follows: On March 17, 1904, Addie L. Allen purchased of one A. C. Williams a half interest in a certain dairy property, at which time she and Williams entered into a full and equal partnership for the purpose of operating said dairy. The consideration for such purchase was $4,000 cash and the promissory note of Allen for $2,500, the payment of which was secured by a chattel mortgage upon said half interest so purchased, executed by said Allen to Williams. Thereafter Williams excluded Allen from any participation in the management of said dairy and appropriated the profits of the business to his own use. Defendant is an attorney at law, and on January 2, 1905, Allen sought his professional advice and counsel as to her legal rights in t'he premises against Williams, and at her request he agreed, in consideration of a fee paid to him by said Allen, to…