# Mallard v. Ewing

> Supreme Court of Florida · April 5, 1935 · 121 Fla. 654

URL: https://www.frixlaw.com/law-library/cases/3393231

## Case

- **Full name:** Daisy G. Mallard v. Charles M. Ewing
- **Court:** Supreme Court of Florida
- **Decided:** April 5, 1935
- **Citations:** 121 Fla. 654; 164 So. 674; 1935 Fla. LEXIS 1628
- **Precedential status:** Published
- **Opinion:** Dissent by Davis
- **Judges:** Brown, Buford, Davis, Ellis, Terrell, Whitfield
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3393231

## Opinion text

Davis, J.
(concurring in part, dissenting in part). — I concur in all that is contained in Mr. Justice Ellis’ opinion except condemnation of the attorney’s fees allowance. It is a rash thing to presume that the attorney for the mortgagee intended his legal services as a gratuity to his client. If he did not, the law will imply an enforceable promise from the client to pay a reasonable fee for foreclosing the mortgage. Why cannot indemnity against what the law will imply as a recoverable attorney’s fee be recovered in a case like this ? I think it can be on the very principle which is cited to deny it, namely indemnification.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3393231. Public record. Not legal advice.