55 Wis. 222 | Wis. | 1882
In the bill of particulars the plaintiffs claimed $300, “ as per agreement at ten per eentl made with the deceased. In other words, they claimed that there was a special contract as to the amount which they were to receive for their services in the suit prosecuted on behalf of Jacob Lueps against the railroad company. It is very obvious that, if such a contract was made, it would regulate the amount which the plaintiffs were to receive for their services in that suit, regardless of the question whether it was a reasonable compensation or not. The parties were confined to the terms of this special contract, and all testimony tending to show that $300 was a reasonable charge for the services rendered was improper. The plaintiffs <Jid not prove by any direct or positive testimony the special contract; but this might have been owing to the fact that Jacob Lueps was dead, and they could not testify as to their agreement made with him. But still they counted on such an agreement, and gave such evidence to establish it as was within their power. To meet the case sought to be established by the plaintiffs, that they were to have ten per cent, of' the amount collected of the railroad company, the defendant proposed to prove by the witness Klingholz that the plaintiffs, or one of them, had instructed him to secure for thein clients who had similar claims against the railroad company under an agreement that they would prosecute such claims for ten per cent, on
By the Court.— It is so ordered.