Allen v. Brooke
Court of Appeals of Georgia
Complaint; from Forsyth superior court—'Judge Morris. August 37, 1919. J. P. Brooke sued Allen and Hill for $100 and interest thereon from August 31, 1917, alleging that the defendants were indebted to him in that amount upon account for fees to be paid to him by them for services rendered and to be rendered in specified cases in Forsyth superior court, which were settled and dismissed by agreement of the parties.
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Complaint; from Forsyth superior court—'Judge Morris. August 37, 1919. J. P. Brooke sued Allen and Hill for $100 and interest thereon from August 31, 1917, alleging that the defendants were indebted to him in that amount upon account for fees to be paid to him by them for services rendered and to be rendered in specified cases in Forsyth superior court, which were settled and dismissed by agreement of the parties. The defendants in their answer denied the allegations of the petition, and pleaded that they had tendered to the plaintiff $50 in settlement of his claim, and made a continuing…
1Opinion of the CourtStephens, J.
1. Where an attorney at law accepts employment and agrees for a stipulated fee to handle certain litigation through the courts, and where the complete performance of such service is rendered impossible through no .fault on his part, but by the act of his client in settling the case before trial, the attorney may recover the entire fee, where he remains in readiness to render complete performance.
2. Such an agreement is not to do or perform certain specific services such as looking up testimony, examining witnesses, consulting with client, etc., but is to do generally all that is necessary,…
2Cases cited1 opinion
- Moses v. Bagley & SewellSupreme Court of Georgia · 1875
3Cited by3 opinions
- Stephens County v. GainesCourt of Appeals of Georgia · 1973
- Robinson v. GuerryCourt of Appeals of Georgia · 1929
- Roan v. CranstonCourt of Appeals of Georgia · 1985