#### John A. Watson, Appellee, v. Wilber Mercantile Agency, Appellant.

Gen. No. 18,435.

(Not to be reported in full.)

Appeal from the County Court of Cook county; the Hon. W. F. Slater, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Reversed and remanded.

Opinion filed November 20, 1913.

*232Abstract of the Decision.

1. Attorney and client, § 137 * —when instruction erroneous. In an action for attorney’s fees claimed to have been rendered to defendant by plaintiff at defendant’s request, an instruction which directs a verdict for plaintiff and ignores defendant’s contention that he acted as agent of a third party in hiring plaintiff, of which there was evidence, held erroneous.

2. Appeal and error, § 1646 * —when erroneous instruction not cured 6y other instructions. Where an instruction assumes to direct a verdict if the jury believe from the evidence that certain stated facts are true, it is error to omit from the hypothesis any material disputed element of fact as to which there is any competent evidence, and such an error cannot be cured by other instructions.

Statement of the Case.

Action by John A. Watson against Wilber Mercantile Agency to recover attorney’s fees for services claimed to have been rendered by plaintiff for defendant at the latter’s request. From a judgment in favor of plaintiff, defendant appeals.

Bryan, Duval, McCormick & Wilber, for appellant.

Bastrup & O’Neill, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Fitch

delivered the opinion of the court.