Howard v. Throckmorton

Citations

• 48 Cal. 482
• 1874 Cal. LEXIS 184

Syllabus

<p>Suit for Specific Performance.—Although, when an attorney contracts to perform legal services for a client in consideration of receiving a portion of the property about which the litigation is to be carried on, he cannot maintain an action for a specific performance while the contract remains unperformed on his part; yet, if he can show a substantial performance on his part, he is as fully entitled to maintain such action as he would be if the agreement on his part had been for the payment of money.</p> <p>Pbesdmption as to Finding of 'Facts.—The presumption is that all the material issues were found in favor of the party who recovers a judgment. ’</p> <p>Admission in Answbb.—If a defendant in his answer admits a material allegation in a complaint, he is afterwards precluded from contesting it.</p> <p>Specific Pebfobmance of a Oontbact.—If a client contracts with his attorney to convey to him a portion of the property in litigation, in consideration of legal services to be rendered, the facts, that the property afterward enhances in value, and that such enhancement is, in a material degree, the result of the labor and money of the client, are no valid objection to a decree for a specific performance of the contract.</p>