Jones v. Winsor

The plaintiffs hired the defendant, an attorney, to help secure a city rail franchise, giving him a $2,500 fee to be paid to the city treasurer as part of the process. After the city denied the franchise and returned the $2,500 for the defendant to pass back to the plaintiffs, the defendant kept $1,250 for his services and returned only the balance. The plaintiffs sued, alleging the amount the defendant kept was "unjust, unlawful, and fraudulent" and that his services were reasonably worth only $250; the defendant demurred, arguing the complaint was improperly framed, and the circuit court overruled the demurrer, prompting the defendant's appeal.