Shead v. Henman

Citations

• 122 Cal. 70
• 54 P. 388
• 1898 Cal. LEXIS 530

Syllabus

<p>Agency—Collection of Note—Contract for Percentage.—A contract with agents for the collection of a note, which stipulated, that the collection charges on the note were to be twenty-five-per cent, is to be construed, not as importing twenty-five per cent of the face of the note at all events, but as importing: only twenty-five per cent of the amount collected, if less than, the face of the note.</p> <p>Id.—Compromise—New Oral Agreement—Attorney’s Fees—Appeal—Conflicting Evidence.—A claim by the agents that a new oral agreement respecting the percentage was made at the-time of a compromise of the note while in suit, and that certain attorneys not appearing in the suit were to be paid, cannot be sustained upon appeal, where the evidence Is conflicting and there is evidence to sustain findings against the existence of such agreement, and against the rendition of any services by such attorneys, and the payment of any money thereto by the-agents.</p>