Mahoney v. Bergin
Before: Temple
Synopsis
Agreement Between Client and Attorney.—An agreement made by an attorney with a client to render Ms professional services “in the Courts of this State,” in actions to test the validity of the client’s title to certain real estate, in consideration of a conveyance by the client to the attorney of a portion of the land, does not bind the attorney to render his services in an action brought to test the validity of the same title in the Circuit Court of the United States for this State.
Idem.—If such agreement was fair and free from fraud, and the land conveyed by the client a reasonable fee for the services agreed to be rendered, the attorney will not be compelled to reconvey the land, upon the payment of a reasonable fee for his services rendered, because, by reason of the suit in the Circuit Court, the client compromised with the opposing parties, and paid a large sum of money to acquire opposing claims; and the attorney . was not compelled to render the full amount of services expected.
By the Court, Temple, J.: In November, 1866, the plaintiff, claiming to be the owner of the “ Rancho Laguna de la Merced,” against which there was an adverse claim called the Galindo claim, employed the defendant, who is an attorney and counselor at law, to test the validity of the Galindo title, and also to defend the plaintiff against a certain action then pending against him, [426]brought by one Ruttman. This contract was reduced to writing, and is in the words and figures following:
“In consideration of David Mahoney conveying in fee twenty acres of land in the Rancho Laguna de la Merced to me, Thomas I. Bergin, I, Thomas I. Bergin, an attorney and counselor at law, do undertake and agree with said Mahoney to render my professional services in the Courts of this State, in an action to test and determine the validity of the so-called Galindo deed, and also to defend the action of James I. Nuttmanv. David Mahoney and Richard O’Neill, Twelfth District Court of this State.
“ In witness whereof, I have hereunto set my hand, this 21st day of Rovember, 1866.
“Thomas I. Bergin.”
At the same time, in pursuance of the terms of the agreement, plaintiff executed to defendant a deed for.twenty acres of land, valued at two hundred dollars per acre. Thereupon the defendant took charge of the Ruttman case for pMntiff, and shortly after brought a suit in the Twelfth District Court to quiet the title of plaintiff against the claimants under the Galindo title. This action was diligently prosecuted by defendant, but demurrers were interposed, and the case thereby delayed. This action was commenced on the 28th of December, 1866, but no trial on the merits has ever been had. Some time afterwards an action was commenced in the Circuit Court of the United States, at San Francisco, by the claimants under the Galindo title, against Mahoney and others, to obtain a decree that the confirmation of the title under which Mahoney claimed should inure to the benefit of Marks—the claimant under the Galindo title—and that the patent should issue to him instead of Mahoney; and also to enjoin .the prosecution "of the action brought by Mahoney in the Twelfth District Court to quiet his title. When this action was brought, Mahoney requested the defendant to [427]
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