Clifton v. Clark

Citations

• 84 Miss. 795

Syllabus

<p>1. Compromise of Litigation. Attorney and client. Compensation.</p> <p>Where a controversy touching the probation of claims against the estate of a decedent was referred to auditors whose report, after much evidence had been introduced by the parties, allowed some of the claims and disallowed others, and the parties mutually agreed to and did acquiesce and consent to a confirmation of the report and payment was made accordingly, there was a compromise of the litigation within the meaning of a contract between one of the parties and his attorney providing for a lesser fee in case the litigation should be compromised than the sum agreed to be paid if it were prosecuted to judgment.</p> <p>2. Same. Chancellor's finding. Equitable compensation.</p> <p>Where under the terms of a contract between a litigant and his attorney the fee of the attorney was to be equitably diminished from the maximum sum agreed to be paid should the suit be compromised, the findings of the chancellor as to what was equitable in th'e premises will not be reversed because the client settled more favorably with other attorneys for like services.</p>