This section contains the nature of the case and procedural background.

Jones hired Irace (D) and Lowry (D1) to represent him in a personal injury action. Jones' injuries required surgery. Herzog (P) performed the needed surgery after Jones signed a letter stating that payment in settlement for the injury be made directly to P. P notified D and D1 of the assignment in 1988. Jones received $20,000 for his claim. Jones then instructed D and D1 to pay the money to him rather than to P. D, and D1 followed Jones' instructions and Jones failed to pay P. P sued D and D1 for breach of an assignment. The trial court ruled in favor of P. The appellate court affirmed. D and D1 appealed to the state supreme court.

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