97 Ga. 618 | Ga. | 1895
There was clearly no error in refusing to charge as requested, nor in charging as the court did on this subject. If the plaintiffs did not have to pay attorney’s fees, it was simply because the defendant had contracted to pay them himself, and because the plaintiffs had agreed that the attorneys should take the fruits of this contract. Certainly the defendant could not escape liability on such a contract upon the ground that the plaintiffs were not themselves liable for such fees, when the contract itself and the benefit the attorneys were to take under it constituted the consideration for their agreeing to relieve the plaintiffs from this expense. To hold that this arrangement with the attorneys precluded a recovery of their fees would be to deprive the plaintiffs and their attorneys of the benefit of the defendant’s contract because it had been used to effect the very object which it was intended to effect, which was to relieve the plaintiffs from this expense by placing it upon the defendant.