King v. Gildersleeve

Citations

• 79 Cal. 504
• 21 P. 961
• 1889 Cal. LEXIS 761

Syllabus

<p>Attorney and Client—Compensation for Services — Contract to Convey Land — Specific Performance—Mutuality.—A contract by a client to convey land to his attorney, as compensation for services in litigation involving the title, may be specifically .enforced against the client and his vendees with notice, if it has been fully performed on the part of the attorney, without regard to whether the client had title to the land or not; but if not fully or substantially performed by the attorney, and if performance has not been waived, such contract cannot be specifically enforced for want of mutuality of remedy, the contract being for personal services confidential in their nature, which the client could not enforce.</p> <p>Id. — Compromise by Client.—The compromise of litigation by a client cannot affect the rights of the attorney under a contract for the conveyance of land as compensation, though he cannot obtain any better title than the client had, and of that the other party and those claiming under him with notice cannot complain. An attorney cannot prevent a compromise by his client; but neither the client nor the opposite party having knowledge of his rights can so compromise the action as to defeat the rights of the attorney in. the subject-matter of the action.</p> <p>Id. —SPEcr'ic Performance—Compromise by Administrator—Waiver of Performance — Damages. —The refusal of an administrator to carry on litigation which his decedent was carrying on under contract with his attorney to convey him land as compensation, and the effecting of a compromise by such administrator, under the sanction of the probate court, cannot be regarded as such a waiver of performance as would entitle the attorney to a specific performance of the contract, without having fully, or substantially performed on his part, though it might entitle him to damages.</p>