(Download) "Missildine v. Miller" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free
eBook details
- Title: Missildine v. Miller
- Author : Supreme Court Of Iowa.
- Release Date : January 09, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Plaintiff's action is based upon a charge for attorney fees in the amount of $1,700 asserted to be due him from the defendant appellant under a claimed contract of employment. The defendant denied that she ever personally employed the plaintiff in her individual capacity but contended that, as administratrix of the estate of her deceased husband, William F. Miller, she engaged him as attorney to assist her in legal matters pertaining to the estate. She further asserted that any services performed were rendered to her in her representative capacity as administratrix and not as an individual. It was the defendant appellant's further contention that after the services were rendered, which are the basis of this action, plaintiff filed his verified claim in the estate of William F. Miller, deceased, and a determination of this claim was made in the probate court of Polk County, Iowa, on November 25, 1940. Defendant appellant further claimed that, by the filing of said claim in probate, plaintiff elected to pursue whatever right or remedy he had for services rendered in the estate proceedings and that this right and remedy which he there asserted was inconsistent with the present action at law and constituted an election of his right and remedy. It was also contended that the plaintiff was barred and estopped from further claiming any liability against the defendant as an individual on what the [231 Iowa Page 373]