McElhinney v. Kline

This is an action on a written contract to pay conditionally $200 to the respondent, an attorney, for legal services. As the contract recites, the appellant was grantee in a certain deed containing covenants of warranty, and expected to be ousted and to have to bring suit on the covenants. The respondent agreed that upon the breach of the covenant, he, as an attorney, would bring suit for breach; and the appellant agreed that if the respondent “ shall so bring and prosecute said suit at law, and shall recover said legal damages for him,” the appellant “will, out of said damages so recovered,…