Hill v. Cunningham
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. George W. Smith. This was a suit brought, by John C. Cunningham, as the assignee of Sanford C. Blanton, against Warren J. Hill, on the 1st day of January, 1859, for-the recovery of thirteen hundred dollars, which the plaintiff alleged to be due to him as the holder and owner of two several contracts in writing, executed by the defendant to said Blanton in consideration of the services of the latter as an attorney-at-law in two…
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Appeal from Fayette. Tried below before the Hon. George W. Smith. This was a suit brought, by John C. Cunningham, as the assignee of Sanford C. Blanton, against Warren J. Hill, on the 1st day of January, 1859, for-the recovery of thirteen hundred dollars, which the plaintiff alleged to be due to him as the holder and owner of two several contracts in writing, executed by the defendant to said Blanton in consideration of the services of the latter as an attorney-at-law in two certain suits therein described, which will more fully appear from the writings obligatory, which are as follows : “…
1Opinion of the CourtBell, J.
In the case of Allcorn v. Butler, 9 Tex., 56, this court decided that an attorney who had contracted with his client for a specific fee, and who performed services in pursuance of the contract, either himself or by other competent persons, could not be deprived of his right to his fee, because his client saw fit to compromise his suit.
We are also of opinion that where the.attorney contracts with the client for a contingent fee,- to depend upon the result of the suit, if the client compromises the suit without consulting, the attorney, and without the attorney’s consent, then the attorney will…
2Cases cited3 opinions
- Morgan v. JohnsonTexas Supreme Court · 1855
- Wright v. SmithTexas Supreme Court · 1857
- Allcorn v. ButlerTexas Supreme Court · 1852
3Cited by18 opinions
- San Antonio, U G. R. Co. v. DawsonCourt of Appeals of Texas · 1918
- Orr & Lindsey Shoe Co. v. FerrellTexas Supreme Court · 1887
- Hall v. Gunter & GunterSupreme Court of Alabama · 1908
- Merchants National Bank v. EustisCourt of Appeals of Texas · 1894
- Meader Co. v. AringdaleTexas Supreme Court · 1883
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