10 Ala. 213 | Ala. | 1846
The case of Higginson v. Gray, 8 Mass. 385, which is supposed to bear so strong an analogy to this, does not, in our judgment, materially bear on the questions involved. There one underwriter agreed to be bound by the final decison made in another suit, in which the party receiving the stipulation was the plaintiff. The suit was successfully prosecuted, but was compromised pending a commission of review, which is equivalent to an appeal from one jury to another. The decision was, that this compromise did not bind the other underwriter. And the reason given, and entirely evident, is, this was not the determination in contemplation of the parties. In the case before us, the intention of the parties, to be collected from the agreement is, that the plaintiffs shall be paid whenever the promisors receive the fund, or property covered by the suit in which the services were rendered.
Upon the whole, we are satisfied there is no error available to the defendant.
Judgment affirmed.