Elliott v. Rubel

Citations

• 132 Ill. 9
• 23 N.E. 400

Syllabus

<p>Contract—employment of attorney—as to fees—a contract construed. A corporation employed an attorney to defend a suit pending in the United States Circuit Court, the written contract of retainer providing for the payment to the attorney of the sum of $3000 as his fee, as well as all expenses. It was further stipulated, that if the corporation failed to make the necessary advances of the expenses, or should notify the attorney of its intention “not to further prosecute said suit,” it should pay the attorney $50 “for each and every day’s service he may have rendered in said suit up to the date of such notice.” The contract further provided, that the attorney was to devote his professional services in defense of the suit, to a final termination before the Supreme Court of the United States, if necessary, and that the attorney should have' no claim upon the said $3000, (except as provided for in clause two of the agreement-,) until a favorable decision was obtained in the pending suit. The corporation gave the attorney notice of its intention to defend no further in the suit, which had. been decided adversely to it in the Circuit Court: Held, that the attorney was entitled to $50 for each day’s service up to $3000, but to nothing in excess of the latter sum, and that he could not compel the corporation to appeal, in order that he might earn his fee.</p>