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WOOTON v. UNITED STATES

No. 49010.

86 F.Supp. 143 (1949)

WOOTON et al. v. UNITED STATES.

United States Court of Claims.

Decided October 3, 1949.

Attorney(s) appearing for the Case

DeQuincy V. Sutton, Hattiesburg, Miss., T. J. Wills, Hattiesburg, Miss., on the brief, for plaintiffs.

Joseph H. Sheppard, Washington, D. C., and Assistant Attorney General Theron L. Caudle, Andrew D. Sharpe and A. F. Prescott, Washington, D. C., on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

The plaintiffs brought this suit to recover $52,858.67, with interest, representing the total of overpayments of income tax by F. T. Newton and his wife, Ethel, Flurry Newton, for the years 1941, 1942, and 1943. The suit is based upon a contract of assignment from the Newtons to Richard G. Wooton, in payment for legal services rendered by the latter.

From the allegations of the petition, the following facts appear:

F. T. Newton and...

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