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SMITH v. LEGG

15 A.D.2d 15 (1961)

John T. Smith et al., Appellants, v. John C. Legg, Jr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 30, 1961.

Attorney(s) appearing for the Case

Smith & Sovik, attorneys (Laurence Sovik of counsel), for appellants.

Hiscock, Cowie, Bruce, Lee & Mawhinney, attorneys (Phillip T. Young of counsel), for respondents.

All concur. Present — WILLIAMS, P. J., GOLDMAN, McCLUSKY and HENRY, JJ.

Per Curiam.

Plaintiffs appeal from a judgment for the defendants in a suit involving two causes of action relating to legal services claimed to have been performed by plaintiffs for the defendants. Errors in the exclusion of certain testimony and in the charge of the Trial Justice require reversal and a new trial.

It is undisputed that none of the defendants actually asked the plaintiffs to perform the services...

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