Hallack v. Loft
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County Action by administrator to recover money alleged to have been wrongfully withheld from his intestate by reason of fraud and mistake in settlement of accounts. STATEMENT OE CASE. Hans P. Loft, as administrator of Alexander Hansen, was plaintiff below, and Erastus F. Hallack was defendant.
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Appeal from the District Court of Arapahoe County Action by administrator to recover money alleged to have been wrongfully withheld from his intestate by reason of fraud and mistake in settlement of accounts. STATEMENT OE CASE. Hans P. Loft, as administrator of Alexander Hansen, was plaintiff below, and Erastus F. Hallack was defendant. The pleadings upon which the cause was tried, so far as the same are necessary to an understanding of the opinion, are in substance as follows: COMPLAINT. Plaintiff pleads that Hansen died November 29,1888; that on December 8, 1888, Loft was duly appointed and…
1Opinion of the CourtJustice Elliott
1. An attorney retained to prosecute a cause has no implied authority to compromise it. His duty is to maintain, not to sacrifice, his client’s cause. By virtue of his retainer he may do everything fairly pertaining to the prosecution; but an agreement to surrender or compromise any substantial light of his client is beyond the scope of his employment, and is not binding without express authority. Mechem on Agency, § 813; Weeks on Attorneys, § 219; 2 Freeman on Judgments (4th ed.) § 463; Dickerson v. Hodges, 43 N. J. Eq. 45; Isaacs v. Zugsmith, 103 Pa. State, 77; Davidson v. Rozier, 23 Mo.…
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