55 Ga. 283 | Ga. | 1875
Bagley & Sewell placed in the hands of Moses & Garrard, a law firm in Columbus, Georgia, notes for collection on the Rock Island Paper Mill Company, in the spring of 1867, and White, Sheffield & Company and Todd & Rafferty, at their instance, also placed notes in the hands of the same firm for collection, on the same company, and steps were taken to collect the same. In the fall of that year, R. J. Moses, one of the firm, visited New York, and while there made a contract with White, Sheffield & Company, in relation to the collection of their notes, which contract was in these words:
“New York, December 28th, 1867.
“Received of White, Sheffield & Company, on account of fees in case of Rock Island Paper Mills, $100 00. We are to charge ten per cent, on amount collected, if case is compromised, and fifteen per cent, if litigated, and in either event the $100 00 paid now is to be credited as an advance on said fees. “Moses & Garrard.”
We have no hesitation in saying, at least I do so for myself, and I believe my brethren both agree with me, that the defendant to this rule has been poorly compensated for this onerous and heavy litigation, and a quantum meruit -would largely increase his fees; but the law holds him to his contract, and we must administer the law.
Judgment affirmed.