Graut v. Langley — 34 Misc. 776

Majority

p. 776

Louis J. Graut, Respondent, v. John Langley, Appellant.

Headnote

Appeal from' a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of the plaintiff.

James J. Conway, for appellant.

William Tharp, for respondent.

Accepting the defendant’s version of the disputed contract as correct, the ruling of the justice in directing a verdict for the plaintiff cannot be assailed. Where an attorney is retained for a particular case, and is discharged without cause, the measure of damage is ordinarily the stipulated compensation. Marsh v. Holbrook, 3 Abb. Ct. App. Dec. 178 ; 3 Am. & Eng. Ency. of Law, 426, 427. The defendant did not attempt to prove that the plaintiff would incur expense in the performance of his duties, and there was, therefore, no ground laid for claiming a deduction from the fee agreed- upon.

Andrews, P. J., and Blanchard, J., concur.

Judgment affirmed, with costs.