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· 6/8/1912

F. B. Vandegrift & Co. v. Lanyon Zinc Co.

Citations

  • 87 Kan. 376
  • 124 P. 534
  • 1912 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Customhouse Brokers — Contingent Fee — Recovery. Under the facts stated in the opinion a contract by a firm of customhouse brokers with a smelting company to procure, at their own expense, for a compensation of fifty per cent of the amount collected, the refunding of excess duties exacted by revenue officers on importations of lead and zinc orej is held to be neither champertous nor unconscionable; and it is further held that the brokers are entitled in equity to be paid their portion of a sum refunded by the government through their efforts under the contract, out of a treasury warrant for such sum issued to the smelting company and delivered to its receiver, although, under the circumstances, the ores were in fact owned and the duties paid by another corporation.</p>

Judges: Burch

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