Leslie v. York
Court of Appeals of Kentucky
Case 82 — Action to Settle Estate oe James H. Leslie, Deceased. APPEAL FROM PIKE CIRCUIT COURT. Judgment Allowing Claim oe York & Auxieb, and Kate Leslie, and Others’ Appeal.
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Case 82 — Action to Settle Estate oe James H. Leslie, Deceased. APPEAL FROM PIKE CIRCUIT COURT. Judgment Allowing Claim oe York & Auxieb, and Kate Leslie, and Others’ Appeal. The principal question to be determined by this appeal is the construction, to be placed on the word “recover” in a contract made between appellees York & Auxier and J. H. Leslie, deceased, This suit was brought for a settlement of the estate of J. ,H. Leslie, deceased, and one of the claims filed before the master commission was one by York & Auxier, who are lawyers, in which they claim, and were allowed, and recovered…
1Opinion of the Court
Opinion op the court, by
JUDGE DuREWLE —
Reversing.
There is but one question necessary to the decision of this case, and that is the proper construction to be placed upon the word “recover” in the following contract of em> ployment: “I have employed Auxier & York to institute a suit in the Pike Circuit Court v. Schamberg for fraud in land sale, in giving falsely the number of acres; Now 1 agrete to pay them an amount equal to one-half they1 may recover, and if they do not recover ,1 am to pay them nothing. This May 10, 1892. James H. Leslie.” The claim of appellees against Leslie’s estate is…
2Cases cited1 opinion
- Strohecker v. Farmers' BankSupreme Court of Pennsylvania · 1847
3Cited by10 opinions
- Westinghouse Elec. & Mfg. Co. v. ChambersCalifornia Supreme Court · 1915
- Wooldridge v. BradburyCourt of Appeals of Kentucky · 1919
- Oster's Exor. v. OhlmanCourt of Appeals of Kentucky · 1920
- Underwood v. RichCourt of Appeals of Georgia · 1934
- Sorensen v. United StatesUnited States Court of Claims · 1916
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