Troy v. Hall
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Alex Troy against Hall & Parley. Judgment for defendants, and plaintiff appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Alex Troy against Hall & Parley. Judgment for defendants, and plaintiff appeals. The contention of the plaintiff in this case is, that the death of one member of a law firm after employment in a cause and while said suit is in progress and unfinished, does not dissolve the relationship of attorney and client, in the absence of an express notice from the client to the surviving partner to that effect; and, further, that it is the duty of the surviving partner to continue the discharge of services to the completion of…
1Opinion of the Court
ANDEBSON, J.-
— It is clear that Tompkins & Troy were to he paid a contingent fee, and were not therefore entitled to anything until they, by their professioual services, collected the appellees’ claim or some of it. This being true, an abandonment of the case before the *594termination of the suit would deprive them of any compensation. Whether or not the death of Tompkins terminated the contract, upon Hall’s theory that, notwithstanding he employed the firm, it was the express understanding that Tompkins was to give the matter his personal attention from start to finish, we need not decide,…
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