94 F. 45 | 6th Cir. | 1899
after making the foregoing statement of facts, delivered the opinion of the court.
Mr. Russell’s suit is based upon the claim that under the contract he is entitled to per cent, upon the value of Mrs. Young’s share of $206,000, and he sues for the balance due him upon this basis, after crediting Mrs. Young with $4,506.49 collected and applied upon his ' fee. The defense was that the contract only provided that Mr. Russell’s compensation should not exceed certain limitations therein mentioned, and did not otherwise settle or determine what Ms compensation should be. The circuit judge interpreted the contract according to the contention of the defendants in error, and held that Mr. Russell could only recover such compensation as his services were reasonably worth, but not to be more than he had charged and received from Silas M. Stone -or Frank W. Stone for like services, nor more than 7^'-per cent, of the aggregate value of money and land recovered as the share of his client, Mrs. Cornelia T. Young. This is the plain meaning of the contract under which Mr. Russell’s services were rendered. It is true that the agreement does not say, in words, that Mr. Russell is to be paid according to the value of his services, or such compensation as is usual and reasonable between client and attorney under all the circumstances of the case. But in the absence of an express agreement the law supplies this term. Here the parties have chosen, however, to provide that such compensation shall “in no event be more than he will charge and receive from either Silas M. Stone or his brother, Frank W. Stone, for like services, nor more than seven and one-half per cent, of the net amount of whatever recovery in
Plaintiff offered to prove that he had deducted 74 per cent, of every cash collection made by him, and remitted the remainder to Mr. Carlisle, with a statement, showing that he had retained 74 per cent, as compensation for the collection of the particular remittance, and that no exception had ever been taken by Mr. Carlisle to this construction of Ihe contract. This evidence was offered for the purpose of showing that the parties had construed the contract according to the present contention of plaintiff in error. The evidence was rejected upon the ground that the contract was not doubtful, and needed no such side light in its interpretation. Evidence as to the practical