Hyperlawhypertext legal database Guiterman v. O'Donnell 275 A.D.2d 947

← Cases

Guiterman v. O'Donnell

275 A.D.2d 947 Court N.Y. App. Div. Decision date 1949-06-13 English

Contents

Majority

p. 947
Kenneth S. Guiterman, Respondent-Appellant, v. Hugh F. O’Donnell, Appellant-Respondent.
p. 948
Under the state of the pleadings the true scope and precise nature of the agreement between the parties may only be determined upon the evidence adduced at a trial. It may not be held that the only reasonable construction of the complaint establishes an action by a client to share illegally contingent fees with his attorney and to assist in the obtaining thereof. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See post, p. 961.]