Fellows v. Smith

Citations

• 190 Pa. 301
• 42 A. 678
• 1899 Pa. LEXIS 1020

Syllabus

<p>Deed — Rescission—Evidence—Fraud—Findings of fact.</p> <p>The Supreme Court will not reverse a decree dismissing a bill in equity filed to secure the cancelation of a deed given by a client to an attorney at law, where the court below finds upon sufficient evidence that the consideration for the deed was a fair one, and that there was no fraud, concealment or oppression .in the transaction.</p> <p>Attorneys'fees — Contracts—Fairness—Cancelation of instruments — Reasonableness of consideration.</p> <p>A contract for an attorney’s fee for $7,000, contingent on success in a suit to recover land worth from $10,000 to $12,000, the client being otherwise without means, and the parties dealing at arms’ length, is not unconscionable, especially where the case was twice carried to the Supreme Court, and extended over some seven years.</p> <p>In 1889 the alleged owner of land, whose title was being litigated, conveyed an undivided half to his attorney for fees, for $5,000, and in 1891 conveyed a one-quarter interest for $2,000, with an agreement that he was to be paid in addition $16.00 a month until the litigation was finished, which made the total consideration about $2,800. In 1897 the owner conveyed a half interest for $6,000, claiming that the deed for the quarter interest was invalid. Held, that notwithstanding the owner testified the land was worth $50,000, it is not shown that the deed of the one-fourth interest was unfair as to its consideration, so as to authorize its cancelation.</p>