City of Barnsdall v. Curnutt

The trial court denied the city of Barnsdall a trial by jury and determined as a matter of equity that H. M. Curnutt, prior to his death September 21, 1941, had earned $10,000 by part performance of his contingent attorney's fee contract providing 40% of the amount, $35,000, subsequently recovered May 25, 1943, in an action brought by the city September 8, 1941, for pollution of its water reservoir.

The city’s judgment for damages to its water supply was obtained by attorneys employed after Curnutt’s death, under a contingent contract- providing an attorney’s fee of 30% of the amount paid.

Const…