Humphreys v. McLachlan
Humphreys v. McLachlan
Opinion of the Court
delivered the opinion of the court.
We find ourselves unable to agree with the chancellor in his
McLachlan, at the date of the execution of the written contract, was of full age. He Avas thoroughly advised of every step Avhich had been theretofore taken in the effort to force a settlement of his grandfather’s estate. He knew the difficulties which still confronted them, and Avas informed, according to his own statement, with absolute frankness of every legal contingency which might probably arise. Nor Avere the parties Avith whom he dealt occupying such a confidential relation as to require of them more than to deal with fairness toward him. He had himself approached and solicited W. W. Humphreys to represent him in the negotiations to enforce a settlement of an estate of unknoAvn value in which he claimed an indefinite interest of uncertain extent, and had authorized the employment of assistant counsel. The other attorney Avas an absolute stranger to McLachlan, employed to render certain service, and from whom there were owing no duties save those of honesty and fair play. McLachlan does not claim that any misrepresenta
From a most careful inspection of this'record, it occurs to us as highly probable that this litigation was instigated by the machinations and misrepresentations of one of the executors, who, acting from ulterior motives, apparently, sought to sow the seed of distrust and suspicion in the mind of McLachlan towards his counsel, and thereby divert attention from any further examination of the accounts of the estate. In no other way are we able to account for the sudden accession of interest in McLachlan and his affairs in a total .stranger, who, until that time, had sought by every means in his power to coerce a full and absolute settlement before a complete investigation of the affairs of the estate had been made, to the disadvantage of McLachlan and to his own financial betterment. The) contract having been fairly entered into, between parties of full contracting age, with full knowledge, without any element of fraud, oppression, undue influence, or concealment, we know no principle of law which
The decree is reversed, and the hill dismissed.
Reference
- Full Case Name
- William W. Humphreys v. John M. McLachlan
- Status
- Published
- Syllabus
- Attorney and Client. Contingent fee. Contract. Validity. A written contract for tlie professional services of a lawyer, his fee to be a contingent one, made by a client, thoroughly advised of his rights in the premises, will not be vacated on the ground that it -was fraudulent or that the fee provided for was exorbitant, after the termination of the litigation by the acceptance, urged by the client, of an advantageous compromise.