Egan v. Waggoner
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaili'a 'County. Hon. Joseph W. Jones, Judge. Action by 'George W. Egan, against L. E. Waggoner and B. O. Stordahl, co-partners as Waggoner & Stordahl, to recover upon a contract for division of a contingent fee in consideration of performance of legal services. From a judgment for plaintiff, upon directed verdict, and from- an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Minnehaili'a 'County. Hon. Joseph W. Jones, Judge. Action by 'George W. Egan, against L. E. Waggoner and B. O. Stordahl, co-partners as Waggoner & Stordahl, to recover upon a contract for division of a contingent fee in consideration of performance of legal services. From a judgment for plaintiff, upon directed verdict, and from- an order denying a new trial, defendant appeals. (2) To point two, Appellant cited: Baxter v. Billings, 83 Fed. 790, (8 C. G. A.) ; 6 C. J. 676, Section 190; Noyes v. Graham’, 15 Lea (Tenn.) 57; Justice v. Leary (Ind.), 49 N. E. 459.
1Opinion of the CourtWhiting, P. J.
Defendants- were retained by one C. to prosecute a claim for 'damages arising from personal injuries. They entered into written contract, under which they undertook to prosecute such claim to final termination for a -contingent fee of 50 ,per cent, of net amount finally collected. Defendants then entered into a written contract with plaintiff, then a duly licensed attorney, whereby he undertook to assist them in the performance of the first-mentioned contract, and, in -consideration therefor, was to receive one-half of the fees that would, come to them, under such prior contract. This latter…
2Cases cited8 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Senneff v. HealySupreme Court of Iowa · 1912
- Corson v. LewisNebraska Supreme Court · 1906
- In re EganSouth Dakota Supreme Court · 1916
- Clinkscales v. Wisconsin Granite Co.South Dakota Supreme Court · 1916
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3Cited by12 opinions
- Fletcher v. KriseCourt of Appeals for the D.C. Circuit · 1941
- Royden v. ArdoinTexas Supreme Court · 1960
- In Re WoodworthCourt of Appeals for the Second Circuit · 1936
- Davenport v. WaggonerSouth Dakota Supreme Court · 1926
- Kimmie v. Terminal Railroad Assn.Supreme Court of Missouri · 1939
7 more not listed; retrieve them via the Exa API.