Jones v. Winsor
Supreme Court of South Dakota
118 N.W. 716 (S.D. 1908)
The plaintiffs wanted to get a franchise for a city rail system. They hired the defendant as their attorney to help in the process. Part of the process was a $2,500 fee to be paid to the city treasurer. The plaintiffs gave the fee to the defendant and he paid it to the city. The city then chose not to grant the franchise to the plaintiffs and returned the $2,500 to the defendant so he could return it to the plaintiffs. The defendant did not return the full fee amount, but rather took out $1,250 for his services and returned the rest. The plaintiffs brought suit, alleging that the amount taken was “unjust, unlawful, and fraudulent” and that the reasonable value of the defendant’s services was actually $250. The defendant demurred and the circuit court overruled the demurrer. The defendant appealed.
Rule of Law
Holding and Reasoning (Corson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.