Woods v. Watson

MUNDO, J., pro tern. — L. E. Dadmun was employed by Inez Watson to represent her in a law suit. After judgment was given in said law suit Inez Watson agreed in writing to pay Dadmun for his legal services. Dadmun assigned to Percival E. Woods the contract and his interest in the money due thereunder. Inez Watson did not pay the money and Woods brought this action to recover. Inez Watson filed an answer, counterclaim and cross-complaint. Dadmun was joined with Woods as a cross-defendant and they filed a joint answer to the cross-complaint in which, inter alia, they alleged : [401]Alvin Poore and Beulah Poore, and the defending of said Inez Watson as a cross-defendant in the action filed by Alvin Poore and Beulah Poore as cross-complainants, against Inez Watson, which said cross-complaint was filed in the action entitled Inez Watson vs. John T. Watson, et al., No. D-135555, and that the reasonable value of the legal services so rendered to said Inez Watson in the said action entitled, Inez Watson vs. John T. Watson, Alvin Poore and Beulah Poore, No. D-135555, was and is a sum of money equal to thirty-three and one-third per cent (331/3%) of the amount recovered for and in behalf of said Inez Watson in said action, and that said contract herein referred to is the same contract referred to in said Percival E. Wood’s Second Amended Complaint, filed in the above entitled action, which was assigned by said L. E. Dadmun to Percival E. Woods, as alleged and set forth in said complaint.”

[400]“ . . . admit that said L. E. Dadmun did assign and transfer to Percival E. Woods that certain written contract entered into upon the part of Inez Watson on or about the 28th day of August, 1936, and signed and approved by Cornelius Kallmeyer, which said agreement was signed by Inez Watson after the rendition of the decree of divorce rendered in said action entitled, Inez Watson vs. John T. Watson, et al., No. D-135555, wherein and by virtue of said agreement Inez Watson did agree to pay to L. E. Dadmun, for his legal services rendered in said action entitled Inez Watson v. John T. Watson, et al., No. D-135555, a sum of money equal to thirty-three and one-third per cent (33 1/3%) of the amount recovered, and that said cross-defendants allege and aver that the amount so specified in said agreement, to-wit: A sum equal to thirty-three and one-third per cent (331/3%), was and is a reasonable amount to be paid by said Inez Watson to said L. E. Dadmun for his legal services so rendered and performed for and in behalf of said Inez Watson at her special instance and request in the prosecution of said action against