SPALDING, J.
This is an action of contract to recover a portion of an attorney's fee received by the defendant in the settlement of a tort case brought by Daniel Mazzola against Stephen P. Mallett. In his declaration the plaintiff alleged that he and the defendant entered into an oral contract whereby the plaintiff was to "take all steps necessary to the successful settlement of ... [the case of Mazzola v. Mallett] and, if necessary, and only if necessary, to try...
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