Legal Opinion

Lipscomb v. Adams

Supreme Court of Missouri

Decided February 22, 1906PublishedCited by 16 opinions

Appeal from Jackson Circuit Court. — Him. J. II. Slover, Judge. (1) The validity of contingent fees has for a long time been recognized by this court, but with limitations. Duke v. Harper, 66 Mo. 57. Such contracts, if upheld, must be clearly stated; must be fair in every respect, and must be sustained by considerations not nominal.

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Appeal from Jackson Circuit Court. — Him. J. II. Slover, Judge. (1) The validity of contingent fees has for a long time been recognized by this court, but with limitations. Duke v. Harper, 66 Mo. 57. Such contracts, if upheld, must be clearly stated; must be fair in every respect, and must be sustained by considerations not nominal. Dorr v. Camden (W. Va.), 65 L. R. A. 351. (2) If equity enforces such contracts as those in controversy it must be perfectly clear that the meaning the plaintiffs claim for them is the only meaning which can be given them — there must be no doubt about it; they…

1Opinion of the CourtValliant, J.

— In the first count in the petition plaintiffs seek to have their equitable title to thirteen acres of land in Jackson county adjudged and decreed to them, and in the second count they seek to recover possession of the same, the first count being a suit in equity, the second an action at law.

The main facts in the case are undisputed. In 1872 James Bridger, who was the owner of 287 acres of land in Jackson county, executed a deed of general warranty conveying the land to his daughter Virginia K. "Wachsman, for the consideration of love and affection. The 13 acres in suit were a part of those…

2Cases cited1 opinion

  1. Davis v. PettySupreme Court of Missouri · 1898

3Cited by16 opinions

  1. Estate of RaphaelCalifornia Court of Appeal · 1951
  2. Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
  3. Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
  4. Calvert v. StonerCalifornia Supreme Court · 1948
  5. Jackson v. StearnsOregon Supreme Court · 1911

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