Civil Procedure Keyed to Field
Spilker v. Hankin
Plaintiff was an attorney who did legal work for Defendant. Defendant gave Plaintiff a series of promissory notes as payment for that work. Defendant refused to pay one of the notes, claiming that Plaintiff’s fee was unconscionable and that Plaintiff had already been overpaid. Plaintiff sued and was awarded judgment. When the other promissory notes became due, Plaintiff again sued and moved for summary judgment. Defendant raised the issue of misrepresentation and the trial court denied Plaintiff’s motion for summary judgment and found for Defendant. The appellate court reversed and Defendant appealed.
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