Badger v. Gallaher

Citations

• 113 Ill. 662
• 1885 Ill. LEXIS 741

Syllabus

<p>Contract for services of an attorney—when performed, wider a provision to remove an incumbrance upon property. The owner of certain lots gave to an attorney a contract, wherein it was recited there was claimed to be an incumbrance upon the property, and that it was agreed the attorney should undertake, to the best of his ability, by suit or otherwise, at his own expense, to remove the incumbrance and release the lots from the pretended lien or claim of the same, in consideration of which the maker of the contract was to give the attorney full charge and management of the proceedings, and as compensation for his services and expenses pay him $4000 in cash or transfer to him one-half of the lots, at the option of the maker, “when, and not until, the undertaking of the said B. (the attorney) in the premises” should be fully performed: Held, that the attorney was not entitled to any compensation unless he should first remove the incumbrance from the lots, or some part thereof, and that he could not recover merely because he had succeeded in reducing the amount claimed against the property. His undertaking was to remove the incumbrance, and until that was done he was not entitled to anything for his services.</p>