Ellis v. . Poindexter

137 S.E. 595, 193 N.C. 565, 1927 N.C. LEXIS 403

• Court: Supreme Court of North Carolina
• Decided: April 13, 1927
• Status: Published

Opinion

Per Curiam.

The consideration for the note executed by plaintiff

and payable to the order of defendant, L. Y. Scott, was services rendered to the plaintiff by the said Scott as an attorney at law. There was evidence that the litigation during which these services were rendered had terminated at the date of the execution of the note. The jury has so found, under instructions of the court, which are free from error. Stern v. Hyman, 182 N. C., 422. After the litigation had ended, the relationship of attorney and client no longer existed between the parties with respect to such litigation; it was competent for the parties to enter into a valid contract for the payment of services theretofore rendered.

Nor was there error in the instructions of the court upon the second or third issues. These instructions were in acéordance with the law applicable to the facts as the jury might find them to be from the evidence.

There was no error in the refusal of the Superior Court to sustain plaintiff’s assignments of error on his appeal from the judgment of the county court. The judgment is

Affirmed.