Rachels v. Doniphan Lumber Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; This suit was brought under § 4457, Kirby’s Dig., and the court held there was nothing in existence upon which to base a contract for a fee. This was error. 74 Ark. 551. At the time of making the contract there was nothing in existence capable of being contracted for. 66 Ark. 260; 30 S. W. 684.
1Opinion of the CourtKirby, J.
Appellants, attorneys at law, brought suit under section 4457 of Kirby’s Digest against the Dqjiiphan Lumber Company to recover reasonable attorney’s fees claimed to be due them because said company had compromised and settled two suits for unliquidated damages with thei-r clients, who had transferred to them certain portions of their causes of action in consideration for their services as attorneys, with notice that their fees were contingent in said cases, and without their consent.
This court has already held what allegations are necessary to constitute a sufficient complaint under said…
2Cases cited12 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Head v. HargraveSupreme Court of the United States · 1882
- Randall v. . PackardNew York Court of Appeals · 1894
- Eggleston v. BoardmanMichigan Supreme Court · 1877
- Gulf, Colorado & Santa Fe Railway Co. v. MillerCourt of Appeals of Texas · 1899
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3Cited by5 opinions
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- Hall v. HuffSupreme Court of Arkansas · 1914
- Vaughan v. Woodruff-Prairie Road Improvement District No. 6Supreme Court of Arkansas · 1923