145 Iowa 275 | Iowa | 1909
Iii 1905 the defendant Brantner sued the Chicago, Burlington & Quincy. Railway Company in the district court of Mills County. Before the action was there commenced, Brantner entered into a written contract of employment with his co-defendant herein, Mathew Gering, for the prosecution of the suit for a contingent fee, and one of the provisions of such contract was as follows: “It is further agreed that in case said cause is tried in the district court of Cass County, Nebraska, or some foreign court, that the said party of the first part may, if he chooses so to. do, employ any additional counsel to assist the party of the second part, and that the fees of such counsel shall be paid by the party of the first part, and that before employing such assistance, in case said cause will be taken to a foreign court, the said party of the first part hereby agrees to consult with the party of the second part in the choice and selection of such assistant.” After the contract between Bran.tner and Gering was made, and also before the suit against the railroad company was commenced in Mills County, the following letters passed between the plaintiff herein and Mr. Gering. On March 9?
The appellee originally claimed that after’ the verdict
Matt will ask you to tallow the bond to be furnished in your name on the theory that I am claiming my money off of your share of the judgment. Then if the judgment is paid after the giving of the bond, Matt will deduct his share and leave you to fight out the payment of my fee. Matt understands very well that I am claiming a part of his fee under your contract and not any part of what properly goes to you. . . . He should therefore give the bond, and not you. In this way you can insist on the payment to you of your full share of the judgment and it' will not be of any concern to you what may be done with my lien. You have suffered and waited long enough and I want you to get your money. . . . The contract you have with Matt provides ample pay for any two lawyers, and it would he unfair to you for Matt to take the percent which that contract calls for and then make you piay me on the bond out of your share.